Galderma Canada Inc v. Canada (Attorney General), 2024 FCA 208
Justice Stratas; Justice Monaghan; Justice Walker - 2024-12-03
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In this decision, the Federal Court of Appeal addressed the authority of the Patented Medicine Prices Review Board regarding the regulation of unpatented medicines. The appellant ceased providing pricing information for a medicine following the expiration of its patent. Subsequently, the Board demanded such information for the period during which the medicine was unpatented, which the appellant contested. The Court found that the Board exceeded its constitutional and statutory authority, as it is mandated to regulate only patented medicines. The Board’s attempt to assert jurisdiction based on a separate patent was invalid; the Court clarified that the unpatented medicine was not subject to the Board’s oversight since it did not involve the use of the patented invention. Consequently, the order requiring the provision of information regarding the unpatented medicine was set aside, reaffirming that price regulation of unpatented medicines falls outside the Board's jurisdiction.
Decision relates to:
- A-61-24 - GALDERMA CANADA INC. v. AGC which is an appeal from 2024 FC 46 in T-906-20