Alexion Pharmaceuticals Inc. v. Canada (Attorney General), 2017 FC 22 (Eculizumab*)
Justice Simpson - 2017-01-06
Read full decision. Summary prepared by Alan Macek:
Alexion appeals from the Order and Reasons of Prothonotary Aalto (see 2016 FC 716). The Prothonotary allowed the Respondent’s motion to strike Alexion’s constitutional challenge to the price regulation scheme found in sections 83-86 and the words “in any proceeding under s 83” in section 87(1) of the Patent Act. Alexion had challenged the Impugned Provisions as ultra vires of Parliament in a Notice of Application. The Court concluded that, "since the Court in Sandoz clearly understood that the method of price control had changed from compulsory licensing to pure price control involving the power to confiscate excessive revenues, there is in my view no basis for revisiting the constitutionality of the Impugned Provisions. My conclusion is that Sandoz is binding authority. The Prothonotary’s Decision was therefore correct and, accordingly, the appeal from his Decision was dismissed."
Decision relates to:
- T-1537-15 - ALEXION PHARMACEUTICALS INC v. PATENTED MEDICINE PRICES REVIEW BOARD ET AL
- A-51-17(2017 FCA 241) - which is an appeal from this decision