February 23, 2012 Decision: PMPRB-2010-D3-Copaxone
IN THE MATTER OF the Patent Act R.S.C. 1985, c. P-4,
as amended AND IN THE MATTER OF Teva Neuroscience G.P.-S.E.N.C.
(the “Respondent”) and the medicine “Copaxone”
Pursuant to the provisions of sections 83 and 85 of the Patent Act, the Patented Medicine Prices Review Board (the “Board”) issued a Notice of Hearing on May 8, 2006 to determine whether Teva Neuroscience G.P.-S.E.N.C., now Teva Canada Innovation (“Teva”) is selling or has sold the medicine known as Copaxone Syringe, Drug Identification Number ("DIN") 02245619 (“Copaxone Syringe”) in any market in Canada at a price that, in the opinion of the Board is, or was, excessive and, if so, what order, if any, should be made.
On February 25, 2008, the price of Copaxone Syringe was found to be excessive in accordance with the reasons issued. Teva applied for judicial review of the Decision to the Federal Court and the matter was returned to the Board for redetermination. Accordingly, a Panel was struck to reconsider the matter and a second hearing was held.
Upon conducting its hearing and in accordance with the Reasons of the Board issued February 23, 2012, the Board orders as follows:
Teva shall pay to Her Majesty in right of Canada, within 30 days of the date of this Order, on or before March 26, 2012, the sum of $2,801,285.00 to offset excess revenues for Copaxone Syringe.
Board Members: Anne Warner La Forest, Anthony Boardman
Board Counsel: Anil Kapoor
Secretary of the Board