On September 29, 2021, the Attorney General of Canada sought leave to appeal a decision of the Federal Court of Appeal (2021 FCA 157) setting aside the decision of the Federal Court dismissing Alexion’s application for judicial review, and remitting the matter to the Patented Medicine Prices Review Board (Board). The Federal Court of Appeal expressed concerns with both the adequacy of the Board’s reasons and the substantive reasonableness of its reasons in determining that Alexion’s SOLIRIS (eculizumab) was sold at an excessive price.

On March 24, 2022, the Supreme Court of Canada dismissed the Attorney General of Canada’s application for leave to appeal (Docket No. 39858).

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