Galderma Canada Inc. v. Canada (Attorney General)
Galderma Canada Inc.
Attorney General of Canada

- Parties: The appellant was Galderma Canada Inc. The respondent was the Attorney General of Canada. 

- Subject Matter: The appellant’s medicine, Differin, was a patented medicine 14 years ago. At that time, the appellant provided pricing and other information about it to the Patented Medicine Prices Review Board as required by the Patent Act, 1985 and associated regulations. Differin was no longer a patented medicine when its patent expired in December 2009. The appellant stopped providing information about Differin since it thought it no longer had the obligation to do that. In 2016, the Board required the appellant to produce information about Differin when it was unpatented from 2010–16. The appellant objected. 

- Ruling: The appeal court ruled in the appellant’s favour, allowed the appeal, set aside the Federal Court judgment in file T-906-20, granted the judicial review application, and set aside the May 7, 2020 order of the Patented Medicine Prices Review Board. The appeal court held that the Board lacked the power to regulate the prices of unpatented medicines during the period that they were unpatented under the Constitution, the Patent Act, and the jurisprudence under each. 

- Date: The hearing was set on Nov. 7, 2024. The court released its decision on Dec. 3, 2024. 

- Venue: This was a federal case before the Federal Court of Appeal. 

- Amount: The appeal court awarded the appellant its costs here and below, fixed in the all-inclusive amount of $20,000, as a result of the parties’ agreement on costs. 

Federal Court of Appeal
A-61-24
Intellectual property
$ 20,000
Appellant
10 February 2024