| Citation: |
Pfizer Canada Inc. v. Canada (Attorney general), 2009 FC 719, [2009] 4 F.C.R. D-6 |
T-1442-08, T-1447-08 |
Patents
Judicial review of Patented Medicine Prices Review Board’s decision requiring patentees report, pursuant to Patented Medicines Regulations, SOR/94-688, ss. 4(1)(f),(4), rebates, payments made to third parties, including negotiated price agreements with provinces, so that these payments may be included in calculation of average price for sales of patented medicines—This information used by Board to determine whether patented medicines being sold at excessive prices—Board’s jurisdiction limited to “factory-gale” prices (i.e. transaction between patentee, first purchaser)—Regulations, s. 4(1)(f) contemplating sale to customer—Food and Drug Regulations, C.R.C. 1978, c. 870, C.01.043(1) identifying who patentees can sell prescription medication to without prescription—That section contemplating transfer of physical product to entity that takes title to, possession of patented medicine in exchange of valuable consideration (i.e. a sale)—This sale not encompassing relationship between patentees, provinces—Provinces also not customers of patentees—Board acting outside jurisdiction—Regulations, ss. 4(1)(f),(4) not authorizing Board to require reporting of rebates, payments made to third parties by manufacturers of patented medicines—Applications allowed.
Pfizer Canada Inc. v. Canada (Attorney general) (T-1442-08, T-1447-08, 2009 FC 719, Mactavish J., judgment dated July 10, 2009, 29 pp.)