In September 2017, the Patented Medicine Prices Review Board (PMPRB) decided that Alexion's Soliris (eculizumab) was sold at an excessive price. In doing so, the PMPRB departed from the guidelines, in finding that the appropriate benchmark was the lowest international price. The Federal Court dismissed Alexion's application for judicial review (for further details, see "Federal Court upholds PMPRB's pricing decision regarding Alexion's Soliris"). On 29 July 2021, the Federal Court of Appeal set aside the Federal Court's decision and remitted the matter to the PMPRB for redetermination (for further details, see "Federal Court of Appeal remits pricing decision on Alexion's Soliris to Patented Medicine Prices Review Board").

On 2 August 2022, the PMPRB hearing panel announced that it had issued an order, based on a joint request by the parties. The order sets out three terms:

  • Alexion's previous payment of C$4,245,329.60 for the period of July 2009 to September 2017, on or about 19 July 2018, will be retained by the PMPRB.
  • Alexion will make an additional payment of C$7,371,763.07 within 30 days of issuance of the order for the period of September 2017 to 31 December 2021.
  • From 1 January 2022 to the expiry of the last patent pertaining to Soliris, the Canadian ex-factory list price for Soliris will be set by Alexion at C$222.51 per milligram and fixed until patent expiry.

As a result, the redetermination proceeding was discontinued.

For further information on this topic please contact Katie Lee at Smart & Biggar by telephone (+1 416 593 5514) or email ([email protected]). The Smart & Biggar website can be accessed at