| Citation: |
Celgene Corp. v. Canada (Attorney General), 2009 FC 271, [2009] 3 F.C.R. D-20 |
T-278-08 |
Patents
Practice
Judicial review of Patented Medicine Prices Review Board’s finding having jurisdiction to require applicant to provide pricing information concerning sales of Thalomid in United States—Applicant, company headquartered in United States, making Thalomid available to patients residing in Canada under Health Canada’s Special Access Program—That program permitting sale of drug otherwise not sold in Canada because manufacturer not holding notice of compliance—Phrase “sold in any market in Canada” in Patent Act, R.S.C., 1985, c. P-4, s. 80(1)(b), interpreted as having commercial meaning—Locus of sale, United States, not Canada—Market in Canada requiring both purchase, sale in Canada—While Thalomid sold to Canadians, not sold “in any market in Canada”—Therefore, Board not having jurisdiction—Application allowed.
Celgene Corp. v. Canada (Attorney General) (T-278-08, 2009 FC 271, Campbell J., order dated March 17, 2009, 18 pp.)