Case information
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39858
Attorney General of Canada v. Alexion Pharmaceuticals Inc.
(Federal) (Civil) (By Leave)
(Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-06-15 | Close file on Leave | |
| 2022-06-14 | Correspondence (sent by the Court) to, parties, Re: certificate of taxation (original mailed and copy sent by email on 2022-06-15) | |
| 2022-06-14 | Certificate of taxation issued to, D. Geoffrey G. Cowper, Q.C. | |
| 2022-06-14 | Decision on the bill of costs, in the amount of $1,075.00, Reg | |
| 2022-06-14 | Submission of the bill of costs, Reg | |
| 2022-04-19 |
Bill of costs, MISSING: Filing Fee (rec'd 2022-06-14), Completed on: 2022-06-15 |
Alexion Pharmaceuticals Inc. |
| 2022-03-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-03-24 | Judgment on leave sent to the parties | |
| 2022-03-24 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-237-19, 2021 FCA 157, dated July 29, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2022-01-31 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-01-28 | Certificate (on limitations to public access), 23A-B | Attorney General of Canada |
| 2021-12-06 | Applicant's reply to respondent's argument, (Book Form), require: 23B (Rec'd 2022-01-28), Completed on: 2022-02-01, (Printed version due on 2021-12-13) | Attorney General of Canada |
| 2021-11-24 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version filed on 2022-01-11) | Alexion Pharmaceuticals Inc. |
| 2021-11-24 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-01-11) | Alexion Pharmaceuticals Inc. |
| 2021-11-24 | Notice of name, (Letter Form), (Printed version due on 2021-12-01) | Alexion Pharmaceuticals Inc. |
| 2021-11-24 |
Respondent's response on the application for leave to appeal, (Book Form), CONFIDENTIAL / RESTRICTION received: -public version (rec'd 2021-11-24) (rec'd paper copy 2022-01-11) -confidential version (rec'd paper and electronic copies 2022-01-11), Completed on: 2022-01-27, (Printed version filed on 2022-01-11) |
Alexion Pharmaceuticals Inc. |
| 2021-10-25 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-10-25 | |
| 2021-09-29 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-10-07) | Attorney General of Canada |
| 2021-09-29 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-10-07) | Attorney General of Canada |
| 2021-09-29 | Application for leave to appeal, (Book Form), Completed on: 2021-09-29, (Printed version due on 2021-10-07) | Attorney General of Canada |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Alexion Pharmaceuticals Inc. | Respondent | Active |
Counsel
Party: Attorney General of Canada
Counsel
Joseph Cheng
Jon Bricker
Department of Justice, National Litigation Sector
120 Adelaide Street West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (416) 953-9546
FAX: (416) 952-4518
Email: christine.mohr@justice.gc.ca
Agent
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Alexion Pharmaceuticals Inc.
Counsel
Stanley Martin
Tom A. Posyniak
2900 - 550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-3131
FAX: (604) 632-3232
Email: gcowper@fasken.com
Summary
Keywords
Administrative law — Judicial review — Standard of review — Intellectual property law — Patented Medicine — Pricing — Interpretation of statutes — Whether the proposed appeal raises issues of public importance concerning (1) the nature of the Patented Medicine Prices Review Board’s statutory mandate, (2) the proper approach to the international price analysis under s. 85(1)(c) of the Patent Act, and (3) the appropriate approach to review of administrative decisions for reasonableness — Patent Act, R.S.C. 1985, c. P 4, ss. 83, 85.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)
The respondent, Alexion Pharmaceuticals Inc. (“Alexion”), developed the patented medicine, Soliris. It now manufactures and markets it. Soliris is a breakthrough treatment for two rare and life threatening blood related disorders.
The Patented Medicine Prices Review Board (“Board”) held a hearing regarding the pricing of Soliris in Canada and found that Alexion priced Soliris excessively contrary to ss. 83 and 85 of the Patent Act, R.S.C. 1985, c. P 4. The Board ordered that excess revenues earned by Alexion be forfeited to the applicant.
The Federal Court dismissed Alexion’s application for judicial review, finding the Board’s decision was reasonable. The Federal Court of Appeal allowed Alexion’s appeal, set aside the judgment of the Federal Court and granted Alexion’s application for judicial review. It found that the Board’s decision was unreasonable, quashed that decision and remitted the matter to it for redetermination, with costs.
Lower court rulings
Federal Court
2019 FC 734, T-1596-17
Application for judicial review dismissed
Federal Court of Appeal
2021 FCA 157, A-237-19
Appeal allowed, judgment of Federal Court set aside, respondent’s application for judicial review granted and matter remitted to Patented Medicine Prices Review Board for redetermination
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available