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As previously reported, Alexion markets the medicine SOLIRIS, a breakthrough treatment for two rare and life-threatening blood-related disorders. In 2017, the PMPRB issued a decision finding that Alexion sold SOLIRIS at an excessive price contrary to the Patent Act, and ordered Alexion to forfeit excess revenues earned between 2009 and 2017.2 The Board relied on the fact that the Canadian list price of SOLIRIS was higher than the price in one of seven comparator countries specified in the Patented Medicines Regulations. According to the PMPRB, the price of SOLIRIS had to be lower than that of all seven comparator countries to avoid being excessive, departing from the provisions of the PMPRB Guidelines.
Alexion applied for judicial review to the
Footnotes
1. https://www.canada.ca/en/patented-medicine-prices-review/news/2022/04/patented-medicine-prices-review-board-imposes-deadline-for-motions-for-leave-to-intervene-in-the-redetermination-of-board-decisions-regarding-the-e.html
2. https://www.pmprb-cepmb.gc.ca/CMFiles/Hearings%20and%20Decisions/Decisions%20and%20Orders/Panel_s_Decision_-_Excess_Revenue_Payment.pdf
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