Advisory
Court Order Novartis/United Therapeutics Challenges to 340B Contract Pharmacies Obligations (November 5, 2021
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
NOV ARTIS PHARMACEUTICALS CORPORATION
Plaintiff,
v. No. 21-cv-1479 (DLF)
DIANA ESPINOSA,
Acting Administrator, Health Resources and Services Administration, et al.,
Defendants.
___________________________________
UNITED THERAPEUTICS CORPORATION,
Plaintiff,
v. No. 21-cv-1686 (DLF)
DIANA ESPINOSA,
Acting Administrator, Health Resources and Services Administration, et al.,
Defendants.
ORDER
For the reasons stated in the accompanying Memorandum Opinion, it is
ORDERED that the plaintiffs' Motions for Summary Judgment, Dkt. 19 (Novartis), Dkt. 14 (United Therapeutics) are GRANTED IN PART and DENIED IN PART. The Motions are GRANTED as to the plaintiffs' request for vacatur and declaratory relief that the conditions set forth in their new 340B policies are not prohibited by Section 340B on the grounds stated in the Violation Letters and advanced by the Health Resources and Services Administration in this litigation, namely that the statute's plain language, purpose, and structure prohibit manufacturers from imposing any conditions on their offers, and DENIED as to the plaintiffs' requests for other relief. It is further
ORDERED that defendants' Motions for Summary Judgment, Dkt. 13 (Novartis), Dkt. 16 (United Therapeutics) are DENIED.
The Clerk of Court is directed to close this case.
SO ORDERED.
/s/
DABNEY L. FRIEDRICH
United States District Judge
November 5, 2021
Key Resources
Related Resources
Letter/Comment
Guides/Reports
Case Studies