PMPRB Appeals Ratiopharm/Sandoz Decisions to Federal Court of Appeal

As I expected, on June 26th, the Attorney General of Canada (on behalf of the PMPRB) filed appeals of the recent decisions of the Federal Court in the Ratiopharm and Sandoz cases to the Federal Court of Appeal. Hearing dates have not yet been scheduled.  Normally, it takes about eight to fourteen months from the …

Continue reading ‘PMPRB Appeals Ratiopharm/Sandoz Decisions to Federal Court of Appeal’ »

Sandoz Federal Court Decision Also Released

A decision in the second case before the Federal Court that I had written about in my early May posting (Sandoz v Attorney General of Canada) has also been issued by the Federal Court.  http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/71655/index.do The Sandoz case was also heard by Mr. Justice O’Reilly and its reasoning and decision mirrors the Ratiopharm case below …

Continue reading ‘Sandoz Federal Court Decision Also Released’ »

Federal Court Issues Landmark Decision in Ratiopharm case: Ratiopharm Not a “Patentee” Subject to PMPRB Juridiction

This morning, the Federal Court of Canada released its decision in the much anticipated Ratiopharm (Now Teva Canada) case.  http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/71656/index.do Mr. Justice O’Reilly has affirmed Ratiopharm’s contention that, with respect to its ratio-salbutamol HFA product, Ratiopharm was not a patentee within the meaning of the provisions of the Patent Act and related regulations. In reaching …

Continue reading ‘Federal Court Issues Landmark Decision in Ratiopharm case: Ratiopharm Not a “Patentee” Subject to PMPRB Juridiction’ »

Two Pending Federal Court Decisions that Could Have a Major Impact on Pharma & the PMPRB!

Two cases currently before the Federal Court of Canada could profoundly affect the PMPRB’s jurisdiction and the scope of its reviews. Both were argued in early November 2013 and, in the normal course, decisions would be expected very shortly. The cases are Sandoz Canada v. Attorney General of Canada, and Ratiopharm (Now Teva) v. Attorney …

Continue reading ‘Two Pending Federal Court Decisions that Could Have a Major Impact on Pharma & the PMPRB!’ »

Game, Set & Match to Teva in Copaxone Affair

Terms of the VCU agreed to by Teva Canada and the PMPRB to end proceedings in the Copaxone matter reveal a significant win for Teva. Teva has agreed – without admission of excessive pricing – to pay a total fine of $248,222.32 to settle the matter.  That’s a whopping $2.6 million or 91% less than …

Continue reading ‘Game, Set & Match to Teva in Copaxone Affair’ »

Long Running Copaxone PMPRB Case to be Settled by VCU

BREAKING NEWS:  The PMPRB will release on its website later today the terms of a VCU that it has reached with Teva Canada to settle the long-running Copaxone dispute. A two-day Board Panel hearing on the matter had been scheduled to start on February 18th.  It would have been the third such hearing. The terms …

Continue reading ‘Long Running Copaxone PMPRB Case to be Settled by VCU’ »