PFIZER, INC. v. HECKLER

Nos. 83-1903, 83-1904.

735 F.2d 1502 (1984)

PFIZER INC. v. Margaret M. HECKLER, Secretary, Health & Human Services, et al., Appellants. PFIZER INC. v. Margaret M. HECKLER, Secretary, Health & Human Services, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 1984.


Attorney(s) appearing for the Case

Elise D. Smith, Atty., Health and Human Services, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., and Mark W. Pennak, Atty., U.S. Dept. of Justice, and Juan A. Del Real, Gen. Counsel, Health and Human Services, Washington, D.C., were on the brief for appellants. Royce C. Lamberth, R. Craig Lawrence, and Rebecca L. Ross, Asst. U.S. Attys., Washington, D.C., also entered appearances for appellants.

John E. Nolan, Jr., Washington, D.C., with whom Paul S. Miller, Fort Wayne, Ind., and Steven Reed, Washington, D.C., were on the brief for appellee.

Before WRIGHT, WILKEY and SCALIA, Circuit Judges.


Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

This case arises from a challenge by appellee Pfizer Inc. to the application of a regulation by the Department of Health and Human Services to a patented drug. The regulation establishes procedures whereby a maximum allowable cost ("MAC") may be set for a prescription drug for the purposes of limiting payment or reimbursement from federal funds under the Medicare and Medicaid programs...

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