Board Order - Procysbi

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 Horizon Pharma (the “Respondent”) and the medicine Cysteamine Bitartrate sold by the Respondent under the trade name Procysbi

Whereas the medicine Procysbi has been sold in Canada by the Respondent, Horizon Pharma (“Horizon”), from September, 2017 to present;

And whereas the Patented Medicine Prices Review Board (the “Board”) issued a Decision on September 1, 2022 (the “Board’s Decision”) regarding the price of Procysbi;

And whereas the Panel has been notified that Horizon officially lowered the price of Procysbi on September 14, 2022, effective September 1, 2022;

And whereas pursuant to the Board’s Decision, the Panel makes an Order on the following terms:

1. The Maximum Average Potential Price (MAPP) for Procysbi for the introductory period is $0.2202/mg, which is the benchmark for subsequent CPI adjustments to its N-NEAP, pursuant to the Guidelines.
2. For the period of September 1, 2022 to December 31, 2022, Horizon will lower the price of Procysbi to comply with the CPI Adjusted N-NEAP, pursuant to the Guidelines (based on an introductory MAPP of C$0.2202/mg) as follows:
1. 25 mg/Capsule to $5.9537; and,
2. 75 mg/Capsule to $17.8610.
3. For the period of September, 2017 to June, 2022, Horizon shall make a payment to His Majesty the King in Right of Canada by certified cheque or wire transfer payable to the Receiver General of Canada, totaling $20,776,942.09, within 30 days of issuance of this Order.
4. For the period of July 1, 2022 to August 31, 2022, Horizon shall make a payment to His Majesty the King in Right of Canada by certified cheque or wire transfer payable to the Receiver General of Canada, totaling $956,995.84, within 30 days of the issuance of this Order.
5. For the period of September 1 to 30, 2022, Horizon shall make a payment to His Majesty the King in Right of Canada by certified cheque or wire transfer payable to the Receiver General of Canada, totaling $295,039.33, within 30 days of the issuance of this Order.

Dated at Ottawa, this 13^th day of October, 2022

Signed on behalf of the Panel by Carolyn Kobernick

Sherri Wilson
Director, Board Secretariat