Court Decision on the Lilly Challenge October 29, 2021

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
ELI LILLY AND COMPANY, et al.

Plaintiffs,

v.

No. 1:21-cv-00081-SEB-MJD

UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al.


Defendants.

ORDER

This cause is before the Court on a virtual cornucopia of claims: Defendants' Motion to Dismiss, or in the alternative, for Summary Judgment [Dkt. 87], filed on April 19, 2021; and Plaintiffs' Cross Motion for Summary Judgment [Dkt. 89] and Motion for Preliminary Injunction [Dkt. 94], filed on May 10, 2021 and May 20, 2021, respectively. Plaintiffs Eli Lilly and Company and Lilly USA, LLC (collectively, "Plaintiffs" or "Lilly") have brought this action against Defendants United States Department of Health and Human Services ("HHS"), Health Resources and Services Administration ("HRSA"), Diana Espinoza, in her official capacity as Acting Administrator of HRSA, Xavier Becerra, in his official capacity as Secretary of HHS, and Daniel J. Barry, in his official capacity as Acting General Counsel of HHS (collectively, "Defendants") under the Administrative Procedures Act ("APA"), challenging various agency actions involving the 340B Drug Pricing Program ("340B Program"), which Congress created in 1992 to expand low-income Americans' access to affordable prescription medicines. See Veterans Health Care Act of 1992, Pub. L. No. 102-585, § 602(a), 106 Stat. 4943, 4967.

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