The FCA Concludes PMPRB Decision Re Differin® Exceeded The Board's Jurisdiction

The Federal Court of Appeal (FCA) recently issued its decision in the appeal of Galderma's second judicial review of the decision of the Patented Medicines Price Review Board (the PMPRB) that it had jurisdiction over Galderma's Differin® product. In a strongly worded decision, the FCA granted Galderma's appeal and set aside the PMPRB's decision, holding that the PMPRB does not have jurisdiction over the price of the unpatented Differin® product.

History

This is the second time the FCA has adjudicated this dispute between Galderma and the PMPRB over whether Canadian Patent 2,478,237 (the '237 Patent) pertains to Galderma's Differin® product.

Galderma sells two products containing the medicinal ingredient adapalene: Differin® contains 0.1 per cent adapalene whereas Differin XP® contains 0.3 per cent. The patents pertaining to the Differin® product had expired. The '237 Patent relates to the Differin XP® product, and specifically the use of the 0.3 per cent