Pricing is always a touchy subject. Celgene, however, is taking this to a new level. The drugmaker is battling Canada’s Patented Medicine Prices Review Board over its insistence on getting pricing info for Thalomid. Last December, a federal court ruled the agency was entitled to the data, but Celgene appealed and the Supreme Court of Canada has agreed to hear the appeal, Bloomberg News reports.

A federal appeals court ruled last December that the review board “has a legitimate interest” in the cost of the med because the price will be paid “by the ultimate consumer in Canada.” But Celgene has a unique argument - since Thalomid was sold at its New Jersey plant and shipped to Canadian docs, Celegene says the review board doesn’t have jurisdiction to demand anything. That’s a neat trick if they prevail - avoid disclosing prices by shipping from distant shores.

What’s at stake? Well, as Bloomberg notes, Health Canada gave the board the power to review international pricing info of patented drugs sold in Canada to protect consumers from excessive prices. If the board determines drugs are sold in Canada at higher prices than elsewhere, it can order Celgene to lower the price. Of course, Celgene choose to yank the drug. But it’s a big seller, you know? Its two top-selling meds are Revlimid and Thalomid, which are used to treat multiple myeloma and generated more than 80 percent of 2008 revenue of $2.25 billion.