Drug: quadracel and pentacel

The Court reviewed a decision of a panel of the Patented Medicine Prices Review Board (the “Panel”) addressing amounts to be paid by sanofi, and remitted the matter to the Panel for reconsideration. Our summary of the Court’s decision is here.

The Panel considered the impact of the Court’s decision and again considered sanofi’s arguments that excessive revenues earned in respect of its products before 2007 should be reduced by sales of those medicines in and after 2007 that were below the maximum non-excessive price (“MNE price”). The Panel reasoned that, once it has quantified the excessive revenues, section 83(2) of the Patent Act only allows the Panel to choose amongst the methods of offsetting the revenues, and does not permit the Panel to make a remedial order or to adjust the dollar amount of the order.

In this case, the Panel found that the Government of Canada (the “Government”) should have the benefit of the MNE price before 2007 and the benefit of the lower than MNE price that it negotiated for the period of 2007 and after 2007. Accepting sanofi’s argument would reduce the benefit obtained by the Government.