Law360 Canada ( January 9, 2018, 11:12 AM EST) -- Appeal by Alexion Pharmaceuticals Inc. (Alexion) from the summary dismissal of its judicial review application, challenging the constitutionality of provisions of the Patent Act granting the Patented Medicine Prices Review Board (Board) authority to make remedial orders where it found that a patentee of an invention pertaining to a medicine was selling the medicine at an excessive price. Alexion, patentee of the breakthrough drug Soliris, indicated for the treatment for two life-threatening disorders, was found by the Board to have sold Soliris at an excessive price. Alexion did not raise the constitutional issue before the Board itself, before asking the Federal Court for a declaration that the impugned provisions of the Act improperly intruded into provincial jurisdiction over property and civil rights. The prothonotary who summarily dismissed Alexion's judicial review application applied stare decisis, based on the Sandoz decision, in which the Federal Court of Appeal held that control of prices for patented medicines came within the jurisdiction conferred on Parliament over patents....