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On December 7, 2017, the Federal Court of Appeal upheld Justice Simpson's decision to strike Alexion's pleadings challenging the 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.