Board Order - Soliris

Patented Medicine Prices Review Board in the matter of the Patent Act, R.S.C., 1985, c. P-4, as amended and in the matter of Alexion Pharmaceuticals Inc. (Respondent) and the medicine “Soliris”

Whereas the medicine Soliris has been sold in Canada by Alexion Pharmaceuticals Inc (“Alexion”) from May 2009 to present;

And whereas the Patented Medicine Prices Review Board (the “Board”) issued a Decision on September 20, 2017 and an Order on November 8, 2017 (the “Board’s 2017 Decision”) regarding the pricing of Soliris;

And whereas the Board’s 2017 Decision was judicially reviewed by the Federal Court in 2019 and the Federal Court of Appeal in 2021 resulting in an order by the Federal Court of Appeal remitting the matter to the Board for redetermination;

And whereas Board Staff and Alexion have requested that this redetermination proceeding be discontinued by way of a final Order on the following terms:

1. For the period of July 2009 to September 2017, on or about July 19, 2018 Alexion made a payment of $4,245,329.60 to Her Majesty the Queen in Right of Canada.  Alexion agrees that Her Majesty the Queen in Right of Canada shall retain this payment in satisfaction of the portion of this Order regarding the period of July 2009 to September 2017.
2. In addition, for the period of September 2017 to December 31, 2021, Alexion will make an additional payment to Her Majesty the Queen in Right of Canada totaling $7,371,763.07 within 30 days of issuance of this Order.
3. For the period of January 1, 2022 to the expiry of the last patent pertaining to Soliris, the Canadian ex-factory list price for Soliris will set by Alexion at $222.51 per mg.  This price will remain fixed and will not increase until patent expiry.

The Board Panel hereby orders that this proceeding be discontinued according to the terms specified above.

Dated at Ottawa, this 21 day of June, 2022

Board Members:

original signed by
Mitchell Levine

orignal signed by
Carolyn Kobernick

orignal signed by
Sherri Wilson
Director, Board Secretariat