Now pharma -- as an industry -- is 0-2, on these strike suits against the new federal drug price negotiation rules.
A loss in ruby red West Texas last month (suffered by PhRMA itself) has now been followed up by a much broader loss in the Delaware federal courts.
And this time, AstraZeneca was the defeated multinational. You may read the quite sensible opinion, here -- and the punchline:
. . .Because AstraZeneca does not have Article III standing to challenge the lawfulness of the guidance and because it has not identified a property interest protected by the Constitution that is put in jeopardy by the Program, I will deny AstraZeneca's motion and grant the Government's motion. . . .
Onward.
नमस्ते
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