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AMGEN, INC. v. SMITH

No. 03-5046.

357 F.3d 103 (2004)

AMGEN INC., Appellant, v. Dennis G. SMITH, in his official capacity as Acting Administrator, Centers for Medicare & Medicaid Services, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 13, 2004.

Attorney(s) appearing for the Case

Jonathan L. Abram argued the cause for appellant. With him on the briefs were Stuart Langbein, William H. Johnson, C. Boyden Gray, Edward C. DuMont, and Andrew R. Varcoe. Louis R. Cohen entered an appearance.

William C. Crenshaw and Anie Elizabeth Wulkan were on the brief for amicus curiae Biotechnology Industry Organization in support of appellant.

Sharon Swingle, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, Mark B. Stern and Michael S. Raab, Attorneys, Alex M. Azar II, General Counsel, U.S. Department of Health & Human Services, Henry R. Goldberg, Deputy Associate General Counsel, and Lawrence J. Harder, Supervisory Trial Attorney.

Steven A. Zalesin, Eugene Tillman, and Helen G. Kirsch were on the brief for appellee Ortho Biotech Products LP.

Before: HENDERSON and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The principal issue on appeal is whether the court has jurisdiction of a complaint filed by Amgen, Inc., the manufacturer of an anemia treatment, Aranesp, challenging an adjustment to the Medicare Part B rate at which the federal government pays hospitals for using its product. The district court dismissed Amgen's complaint for lack of prudential standing. Although we hold that Amgen...

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