The Patented Medicine Prices Review Board (PMPRB) released its decision, finding that Nicoderm® had not been sold at an excessive price. The Notice of Hearing for this medicine was dated April 20, 1999, and the hearing started July 3, 2008.
The PMPRB noted that the price of Nicoderm® was not higher in Canada than it was internationally, but that at the time of its first sale, it was priced above the only other patented nicotine patch available in Canada, on a patch to patch basis. The PMPRB included a non-patented nicotine patch, which was priced higher than Nicoderm®, in its consideration of whether the price of Nicoderm® was sold at an excessive price.
As we reported last week, Celgene was seeking leave to appeal a decision of the Federal Court of Appeal holding that the PMPRB has jurisdiction over Celgene’s drug product that is sold pursuant to the Special Access Programme. The Supreme Court of Canada has granted leave to Celgene.