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AMGEN INC. v. CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES

No. B296563.

47 Cal.App.5th 716 (2020)

AMGEN INC., Plaintiff and Respondent, v. CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES, Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

April 9, 2020.

Attorney(s) appearing for the Case

Xavier Becerra , Attorney General, Thomas S. Patterson , Assistant Attorney General, Paul Stein and Sharon L. O'Grady , Deputy Attorneys General, for Defendant and Appellant.

Hueston Hennigan, Moez M. Kaba and Lauren McGrory Johnson for Plaintiff and Respondent.

U.S. Chamber Litigation Center, Janet Galeria ; Gibson, Dunn & Crutcher, Blaine H. Evanson and Shaun A. Mathur for Chamber of Commerce of the United States of America and National Association of Manufacturers as Amici Curiae on behalf of Plaintiff and Respondent.

Downey Brand, Annie S. Amaral ; Arnold & Porter Kaye Scholer, Robert N. Weiner , Jeffrey L. Handwerker and R. Stanton Jones for Pharmaceutical Research and Manufacturers of America as Amicus Curiae on behalf of Plaintiff and Respondent.

Shook, Hardy & Bacon, Amir M. Nassihi and Joan R. Camagong ; GlaxoSmithKline and Marc Leonard Moore for GSK as Amicus Curiae on behalf of Plaintiff and Respondent.

Shook, Hardy & Bacon, Amir M. Nassihi and Joan R. Camagong for ViiV Healthcare as Amicus Curiae on behalf of Plaintiff and Respondent.

OPINION

Health and Safety Code section 127677, enacted as part of Senate Bill No. 17 (2017-2018 Reg. Sess.) (Senate Bill No. 17) (Stats. 2017, ch. 603, § 4), requires pharmaceutical manufacturers to provide 60 days' notice to public and private registered purchasers, including state entities and

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