Canada’s Federal Court of Appeal has upheld a finding by the federal pharmaceutical pricing regulator that it has the authority regulate prices for generic products originally purchased from a patent-holder (Canada v. Sandoz Canada Inc. & Canada v. Ratiopharm Inc.).
The Patented Medicine Prices Review Board correctly concluded that Sandoz Canada Inc. and Ratiopharm Inc. (which has since become Teva Canada Ltd.) are “patentees” under Section 79(1) of Canada’s Patent Act in the sale of generic drugs under license, the appellate court said Nov. 6 in a 3-0 ruling, which awarded the government its costs.
The appellate court ...
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