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ASTRAZENECA PHARMACEUTICALS LP v. BECERRA

C.A. No. 21-27-LPS.

543 F.Supp.3d 47 (2021)

ASTRAZENECA PHARMACEUTICALS LP, Plaintiff, v. Xavier BECERRA, Daniel J. Barry, Diana Espinosa, U.S. Department of Health and Human Services, and Health Resources and Services Administration, Defendants.

United States District Court, D. Delaware.

Signed June 16, 2021.

Attorney(s) appearing for the Case

Michael P. Kelly , Daniel M. Silver , and Alexandra M. Joyce , MCCARTER & ENGLISH, LLP, Wilmington, DE, Alton Kedem , Jeffrey L. Handwerker , Sally L. Pei , and Stephen K. Wirth , ARNOLD & PORTER KAYE SCHOLER LLP, Washington, DC, Attorneys for Plaintiff.

Brian D. Netter , Michelle R. Bennett , Rachael L. Westmoreland , Kate Talmor , and Jody Lowenstein , U.S. DEPARTMENT OF JUSTICE, Washington, DC, Attorneys for Defendants.

MEMORANDUM OPINION

At the end of 2020, the general counsel of the U.S. Department of Health and Human Services ("HHS," "the agency," or "the government") issued an advisory opinion (the "Opinion") explaining the obligations of pharmaceutical...

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