SPECTRUM PHARMACEUTICALS, INC. v. BURWELL

No. 15-5166.

824 F.3d 1062 (2016)

SPECTRUM PHARMACEUTICALS, INC., Appellant v. Sylvia Mathews BURWELL, in her official capacity as Secretary, U.S. Department of Health and Human Services, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 2016.


Attorney(s) appearing for the Case

Christopher M. O'Connell , Trial Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, William B. Schultz , General Counsel, Food and Drug Administration, and Annamarie Kempic , Deputy Chief Counsel, Litigation.

Jessica L. Ellsworth , Washington, DC, argued the cause for appellant. With her on the briefs were Susan M. Cook , Eugene A. Sokoloff , Washington, DC, and Elizabeth Austin Bonner.

Jonathan M. Ettinger , Boston, MA, was on the brief for amicus curiae National Organization for Rare Disorders in support of appellant.

Douglas B. Farquhar , Washington, DC, argued the cause for intervenor-appellee Sandoz Inc. With him on the brief were James P. Ellison and Jennifer M. Thomas , Washington, D.C.

Before: GRIFFITH, KAVANAUGH, and WILKINS, Circuit Judges.


In this case, Spectrum Pharmaceuticals claimed that the Food and Drug Administration's approval of a cancer drug violated Spectrum's exclusive marketing rights. The district court granted summary judgment against Spectrum, and we affirm.

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