Amgen, Inc. et al. v. Mizner et al. II

Docket No.
1:25-cv-3452
District Court
Colorado

Goal

  • Block enforcement of a law
  • Declaration that a law is unlawful

Issues

Why this Matters:

The plaintiffs argue that the Colorado Prescription Drug Affordability Board’s setting of the upper payment limit for brand-named prescription drugs dispensed within Colorado is preempted by federal patent laws, violates the Due Process Clause, and impermissibly regulates out-of-state transactions. Prescription Drug Affordability Boards are one approach states are currently pursuing to lower prescription drug costs for their residents.

Potential Impact:

Successful challenges to state measures addressing prescription drug affordability could negate savings for patients and impede state efforts to curb the high cost of prescription drugs.

News And Analysis (1)

11 Major Filings

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Related Litigation

Current Status

Briefing is ongoing

Legal Issues

Supremacy Clause, Dormant Commerce Clause, Fourteenth Amendment - Due Process Clause

Amicus Briefs for Plaintiff(s)

Pharmaceutical Research and Manufacturers of America et al.; Biotechnology Innovation Organization

Topic(s)

Prescription Drug Affordability Boards

Date Filed
October 30, 2025
Case Type
Civil
Court Type
District Court
Court
Colorado
Plaintiff(s)
Amgen, Inc.; Immunex Corporation; Amgen Manufacturing Limited LLC
Lead Counsel For Plaintiff(s)
King & Spalding LLP
Defendant(s)
Gail Mizner; Sami Diab; Amarylis Gutierrez; Catherine Harshbarger; James Justin Vandenberg; Michael Conway; Phillip Weiser
Lead Counsel for Defendant(s)
Government