BIOTECHNOLOGY INDUSTRY ORGANIZATION, Plaintiff-Appellee, and
Pharmaceutical Research and Manufacturers of America, Plaintiff-Appellee,
v.
DISTRICT OF COLUMBIA, Adrian M. Fenty, Mayor of the District of Columbia, Office of the Attorney General for the District of Columbia, Robert Spagnoletti, Attorney General of the District of Columbia, Office of Documents and Administrative Issuances of the District of Columbia, Arnold R. Finlayson, Administrator, Office of Documents and Administrative Issuances of the District of Columbia, Defendants-Appellants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
August 1, 2007.
August 1, 2007.
Attorney(s) appearing for the Case
David W. Ogden, Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC, argued for all plaintiffs-appellees. With him on the brief for Pharmaceutical Research and Manufacturers of America were Randolph D. Moss, Anne K. Small, Catherine M.A. Carroll, and Thomas G. Saunders. On the brief for Biotechnology Industry Organization were Daniel E. Troy and Eric A. Shumsky, Sidley Austin LLP, of Washington, DC.
William J. Earl, Assistant Attorney General, Office of Attorney General for the District of Columbia, of Washington, DC, argued for defendants-appellants. With him on the brief were Linda Singer, Acting Attorney General, District of Columbia, Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Solicitor General.
Sean M. Fiil-Flynn, Program on Information Justice and Intellectual Property, Washington College of Law, American University, of Washington, DC, for amici curiae, National Legislative Association on Prescription Drug Prices, et al. With him on the brief was Joshua D. Sarnoff, Glushko-Samuelson Intellectual Property Law Clinic.
Jeffrey L. Handwerker, Arnold & Porter LLP, of Washington, DC, for amicus curiae The AIDS Institute. With him on the brief was Matthew H. Solomson.
Richard A. Samp, Washington Legal Foundation, of Washington, DC, for amici curiae Washington Legal Foundation, et al. With him on the brief was Daniel J. Popeo.
Before BRYSON, Circuit Judge, PLAGER, Senior Circuit Judge, and GAJARSA, Circuit Judge.
United States Court of Appeals, Federal Circuit.
GAJARSA, Circuit Judge.
This is a pre-enforcement challenge to a statute of the District of Columbia, before this court after transfer from the United States Court of Appeals for the District of Columbia Circuit. Defendants, the District of Columbia and various of its departments and officers (collectively, "the District" or "D.C."), appeal from a judgment of the United States District Court for the District of Columbia declaring the District's Prescription Drug Excessive...
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