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SAREPTA THERAPEUTICS v. OREGON HEALTH AUTH.

A171320.

530 P.3d 103 (2023)

325 Or. App. 480

SAREPTA THERAPEUTICS, INC., Petitioner, v. OREGON HEALTH AUTHORITY, Respondent.

Court of Appeals of Oregon.

April 26, 2023.

Attorney(s) appearing for the Case

Paul W. Conable argued the cause for petitioner. Also on the briefs were Stephanie Grant and Tonkon Torp LLP; and Jeffrey Handwerker , Paige Sharpe , Allison Gardner , and Arnold & Porter Kaye Scholer LLP, Washington, D.C.

Patricia G. Rincon , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.

Petitioner challenges, under ORS 183.400, the Oregon Health Authority's (OHA's) adoption of OAR 410-121-0040(3) (Jan 1, 2018), as it applies to the prescription drug Exondys 51 (Exondys).1 Petitioner is the manufacturer of Exondys, which is used in the treatment of Duchenne muscular dystrophy for patients...

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