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ACETRIS HEALTH, LLC v. U.S.

2018-2399.

949 F.3d 719 (2020)

ACETRIS HEALTH, LLC, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: February 10, 2020.

Attorney(s) appearing for the Case

Stephen E. Ruscus , Morgan, Lewis & Bockius LLP, Washington, DC, argued for plaintiff-appellee. Also represented by James D. Nelson , David B. Salmons , Donna Lee Yesner .

Daniel B. Volk , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by Joseph H. Hunt , Robert Edward Kirschman, Jr. , Patricia M. McCarthy;   Jennifer Claypool , Procurement Law Group, United States Department of Veterans Affairs, Hines, IL.

Kyle R. Jefcoat , Latham & Watkins LLP, Washington, DC, for amicus curiae The Association for Accessible Medicines. Also represented by Genevieve Patricia Hoffman;   Jeffrey Francer , The Association for Accessible Medicines, Washington, DC.

Before Dyk, Plager, and Stoll, Circuit Judges.

This case concerns restrictions on the procurement of foreign-origin pharmaceutical products by the Department of Veterans Affairs ("VA"). The Trade Agreements Act of 1979 ("TAA") bars the VA from purchasing "products of" certain foreign countries, such as India. The Federal Acquisition Regulation ("FAR") directs agencies to...

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