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ARTICLE · 22 FEBRUARY 2017

PMPRB News - February 2017

Smart & Biggar
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On December 28, 2016, the Federal Court dismissed Alexion's appeal of a decision striking Alexion's constitutional challenge to the price regulation scheme and confiscatory powers found in sections 83-86 and 87(1) of the Patent Act.

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Decision striking Alexion pleading challenging constitutionality of PMPRB regime upheld. On December 28, 2016, the Federal Court dismissed Alexion's appeal of a decision striking Alexion's constitutional challenge to the price regulation scheme and confiscatory powers found in sections 83-86 and 87(1) of the Patent Act. The decision arose in the context of a Patented Medicine Prices Review Board (PMPRB) proceeding relating to whether Alexion had sold SOLIRIS (eculizumab) at an excessive price. Alexion argued that the relevant provisions were ultra vires the powers granted by Parliament to regulate patents of invention and discovery under section 91(22) of the Constitution Act, 1867, falling instead within provincial jurisdiction over property and civil rights. The Court upheld the decision finding that the Prothonotary was correct to strike the pleadings: the constitutionality of the relevant provisions was previously determined in Canada (Attorney General) v Sandoz

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