Canada: Federal Court Of Appeal Upholds Decision Striking Alexion's Pleading Challenging Constitutionality Of The PMPRB Regime

On December 7, 2017, the Federal Court of Appeal upheld Justice Simpson's decision ( previously reported) to strike Alexion's pleadings challenging the constitutionality of the PMPRB regime: Alexion Pharmaceuticals v Canada (Attorney General), 2017 FCA 241. The Federal Court of Appeal upheld the decision on the basis that (1) Alexion was not entitled to bring the constitutional issue before the Federal Court, as it did not raise the issue before the Board; and (2) the Federal Court of Appeal's decision in Canada (Attorney General) v Sandoz Canada Inc (as previously reported, leave to SCC discontinued ) is binding authority

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.