Canada (Attorney General) v. Galderma Canada Inc., 2019 FCA 196 (Adapalene*)

Justice Pelletier; Justice Dawson; Justice Webb - 2019-06-28

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On December 19, 2016, the Patented Medicine Prices Review Board (the Board) ordered the respondent Galderma Canada Inc. (Galderma) to file certain sales and financial information with respect to its product Differin for the period between January 1, 2010 and March 14, 2016. The unusual aspect of this order is that the original patents for the medicinal ingredient in Differin expired at least seven (7) years before the Board’s staff requested the information. Given that subsection 80(3) of the Patent Act, R.S.C. 1985, c. P-4 (the Act) provides that the obligation to provide information does not apply to a person who “has not been entitled to the benefit of the patent or to exercise any rights in relation to the patent for a period of three or more years”, the Board’s order precipitated a successful application for judicial review which, in turn, led to this appeal by the Attorney General, on behalf of the Board staff.

Decision relates to:


Canadian Intellectual Property