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ARTICLE · 02 FEBRUARY 2024

Patent On Differin XP Gives PMPRB Pricing Jurisdiction Over Differin: Federal Court

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On January 11, 2024, the Federal Court dismissed an application for judicial review of the Patented Medicine Prices Review Board's (PMPRB) redetermination regarding the drug product...

CanadaIntellectual Property
Eileen McMahon
Eileen McMahon
Andrew Shaughnessy
Andrew Shaughnessy
Teresa Reguly
Teresa Reguly
Zhonghui (Sue) Fei
Zhonghui (Sue) Fei
Grace Mangusso
Grace Mangusso
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On January 11, 2024, the Federal Court dismissed an application for judicial review of the Patented Medicine Prices Review Board's (PMPRB) redetermination regarding the drug product Differin (adapalene), marketed by Galderma Canada Inc. (Galderma). This marks Galderma's second application for judicial review challenging the PMPRB's jurisdiction over the pricing of Differin, in a series of proceedings that commenced in 20161.

What you need to know

  • The Federal Court's decision endorses the PMPRB's expanded view of its jurisdiction to consider the pricing of medicines whose formulation is not recited in the claims of a Canadian patent.
  • As a result of the judicial review relating to PMPRB's original decision on Differin, the Federal Court of Appeal (FCA) returned the first judicial review to PMPRB for redetermination, with guidance from the FCA regarding the proper interpretation of the patented invention for the purpose of determining whether PMPRB's

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