PATENTS
Practice
Judicial review of Patented Medicine Prices Review Board's decision medicine Dovobet sold at excessive price following comparison with domestic therapeutic class and international prices for medicines in same therapeutic class—Board not erring in determination of proper therapeutic class under Patent Act, R.S.C., 1985, c. P‑4, s. 85(1), in application of test for international pricing comparison under Act, s. 85(1)(c)—However, in calculating average transaction price, Board's refusal to consider impact of applicant's free distribution of Dovobet on basis applicant's compassionate‑use program introduced primarily to artificially reduce average transaction price of Dovobet, unreasonable—Application allowed in part.
Leo Pharma Inc. v. Canada (Attorney General) (T‑863‑06, 2007 FC 306, Blais J., judgment dated 21/3/07, 39 pp.)