On September 11, U.S.-based Alexion Pharmaceuticals Inc. filed a Notice of Application against the Canadian Patented Medicine Prices Review Board (the PMPRB). Alexion Pharmaceuticals is requesting a declaration that the price regulation regime under the Canadian Patent Act exceeds the powers granted to Parliament under the Constitution Act and improperly extends into the provincial jurisdiction over property and civil rights.
The PMPRB is seeking to determine whether the price for Alexion Pharmaceuticals’ drug product Soliris (a drug that treats two types of rare blood disorders) is “excessive.” Hearings into Soliris’ pricing were launched in June, to which Alexion Pharmaceuticals responded by submitting the above-mentioned Federal Court motion. The Federal Court proceedings are currently underway.
For more information on the dispute, click here.