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AKEBIA THERAPEUTICS, INC. v. AZAR

Civil Action No. 19-cv-12132-ADB.

443 F.Supp.3d 219 (2020)

AKEBIA THERAPEUTICS, INC., Plaintiff, v. Alex M. AZAR II, in his official capacity as Secretary of Health and Human Services; United States Department of Health and Human Services; Seema Verma in her official capacity as Administrator of the Centers for Medicare & Medicaid Services; Centers for Medicare & Medicaid Services, Defendants.

United States District Court, D. Massachusetts.

Signed February 4, 2020.

Attorney(s) appearing for the Case

Brian M. Boynton , Pro Hac Vice, Bruce S. Manheim , Pro Hac Vice, Leon T. Kenworthy , Pro Hac Vice, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, Nicole R. Hadas , Pro Hac Vice, Akebia Therapeutics, Inc., Cambridge, MA, Lindsey B. Silver , Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, for Plaintiff.

Erin E. Brizius , Gregg D. Shapiro , Office of the United States Attorney, Boston, MA, for Defendants.

MEMORANDUM AND ORDER ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

Plaintiff Akebia Therapeutics, Inc. ("Akebia") seeks a preliminary injunction, enjoining a decision of the Centers for Medicare & Medicaid Services ("CMS") which eliminated coverage under Medicare Part D for Akebia's product...

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