• Court Dismisses Alexion's Appeals from Three Separate Orders
  • March 22, 2017 | Authors: Jillian Brenner; Adrian J. Howard; Beverley Moore; Chantal Saunders
  • Law Firm: Borden Ladner Gervais LLP - Ottawa Office
  • Alexion Pharmaceuticals Inc. v. Canada (Attorney General), 2017 FC 22 and
    Alexion Pharmaceuticals Inc. v. Canada (Attorney General), 2017 FC 21
    Drug: eculizumab

    The Court dismissed Alexion's appeals concerning three separate Orders. The first appeal concerned Prothonotary Aalto's Order allowing the Respondent's motion to strike Alexion's constitutional challenge to the price regulation scheme found in sections 83-86 of the Patent Act. The Court agreed with Prothonotary Aalto that the Court in Canada (Attorney General) v. Sandoz Canada Inc. (2015 FCA 249) is the binding authority. Therefore, Prothonotary Aalto's decision was correct, and accordingly, the appeal was dismissed.

    The second and third appeals concerned two Orders from Prothonotary Aylen. The first Order struck, as premature, Alexion's Application for Judicial Review of a decision of the PMPRB allowing certain amendments to the Board's Notice of Allegation. In the second Order, the Prothonotary dismissed as moot Alexion's motion for an order on consent protecting certain information as confidential. The Court found no palpable or overriding error in either decision, and accordingly, the appeals were dismissed.