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On February 5 2018 Alexion Pharmaceuticals filed an application for leave to appeal the decision of the Federal Court of Appeal in Alexion Pharmaceuticals Inc v Canada (Attorney General)(1) to the Supreme Court.(2) In its decision, the Federal Court of Appeal had dismissed Alexion's challenge of the constitutionality of certain Patented Medicine Prices Review Board provisions provided for in the Patent Act (for further details please see "PMPRB releases scoping paper concerning proposed amended regulations").

For further information on this topic please contact Abigail Smith at Smart & Biggar/Fetherstonhaugh by telephone (+1 416 593 5514) or email ([email protected]). The Smart & Biggar website can be accessed at www.smart-biggar.ca.

Endnotes

(1) 2017 FCA 241.

(2) Supreme Court Case 37949.