Alexion Pharmaceuticals Inc. v. Canada (Attorney General), 2017 FCA 241
Justice Stratas; Justice Woods - 2017-12-07
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The appellant, Alexion Pharmaceuticals Inc., is a party to a proceeding before the Patented Medicine Prices Review Board relating to the pricing of its drug Soliris. Alexion wishes to challenge the constitutional validity of the provisions of the Patent Act, R.S.C. 1985, c. P-4, that give the Board the authority to make remedial orders where it finds that a patentee of an invention pertaining to a medicine is selling or has sold the medicine at a price the Board determines is excessive. These include orders directing the patentee to reduce the price at which the medicine is sold in Canada, and to pay to Her Majesty in right of Canada an amount specified in the order. Alexion says that these provisions amount to a price control scheme that goes beyond the authority of Parliament under subsection 91(22) of the Constitution Act, 1867 (“Patents of Invention and Discovery”) and impermissibly intrudes on provincial authority under subsection 92(13) (“Property and Civil Rights in the Province”).
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