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ASTRAZENECA PHARMACEUTICALS LP v. BECERRA

Civ. No. 23-931-CFC.

719 F.Supp.3d 377 (2024)

ASTRAZENECA PHARMACEUTICALS LP and AstraZeneca AB, Plaintiffs, v. Xavier BECERRA, in his official capacity as Secretary of Health and Human Sevices, and Cmquita Brooks-Lasure, in her official capacity as Administrator of the Centers for Medicare & Medicaid Services, Defendants.

United States District Court, D. Delaware.

Signed March 1, 2024.

Attorney(s) appearing for the Case

Daniel M. Silver, Alexandra M. Joyce, McCARTER & ENGLISH LLP, Wilmington, Delaware; Catherine E. Stetson, Susan M. Cook, Marian Golden, HOGAN LOVELLS US LLP, Washington, D.C., Counsel for Plaintiffs.

Jacob Laksin, UNITED STATES DEPARTMENT OF JUSTICE, Wilmington, Delaware; Brian D. Netter, Brian M. Boynton, Michelle R. Bennett, Alexander V. Sverdlov, Stephen M. Pezzi, Christine L. Coogle, Cassandra M. Snyder, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Counsel for Defendants.

MEMORANDUM OPINION

The plaintiffs in this action—AstraZeneca Pharmaceuticals LP and AstraZeneca AB (collectively, AstraZeneca)—challenge the constitutionality of the Drug Price Negotiation Program (the Program) created by the Inflation Reduction Act of 2022, Pub. L. No...

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