ISSUE

Medicare Drug Price Negotiation

Enacted in 2022, the Inflation Reduction Act (IRA) includes major provisions to make health coverage more affordable and lower prescription drug costs. It empowers Medicare to negotiate the price of certain single-source, high-priced drugs.

Tracked Litigation

Novartis Pharmaceuticals Corporation v. Kennedy et al.

Status: Decision issued

Date Filed: October 21, 2024

Court: Third Circuit

Goal: Block enforcement of a law +2 additional goal(s)

Teva Pharmaceuticals USA, Inc. et al. v. Kennedy et al.

Status: Briefing is ongoing

Date Filed: January 15, 2025

Court: District of Columbia

Goal: Block enforcement of an agency action +2 additional goal(s)

Bristol Myers Squibb Co. v. Becerra et al.

Status: Decision issued

Date Filed: June 16, 2023

Court: New Jersey

Goal: Block enforcement of an agency action +2 additional goal(s)

Boehringer Ingelheim Pharmaceuticals, Inc. v. Department of Health and Human Services et al.

Status: Decision issued

Date Filed: August 8, 2024

Court: Second Circuit

Goal: Declaration that agency action is unlawful

Dayton Area Chamber of Commerce et al. v. Becerra et al.

Status: Decision issued :
Appeal Filed

Date Filed: June 9, 2023

Court: Ohio Southern

Goal: Block enforcement of a law +1 additional goal(s)

Boehringer Ingelheim Pharmaceuticals, Inc. v. U.S. Department of Health and Human Services et al.

Status: Decision issued :
Appeal Filed

Date Filed: August 18, 2023

Court: Connecticut

Goal: Declaration that provisions are unconstitutional

Merck & Co., Inc. et al. v. Becerra et al.

Status: Briefing is ongoing

Date Filed: June 6, 2023

Court: District of Columbia

Goal: Block enforcement of an agency action +2 additional goal(s)

National Infusion Center Association et al. v. Kennedy et al.

Status: Briefing is ongoing

Date Filed: August 15, 2025

Court: Fifth Circuit

Goal: Block enforcement of a law +1 additional goal(s)

Novo Nordisk et al. v. Becerra et al.

Status: Appeal Filed

Date Filed: September 29, 2023

Court: New Jersey

Goal: Declaration that CMS guidance is unconstitutional and violates the APA +2 additional goal(s)

Novo Nordisk Inc. et al. v. Department of Health and Human Services et al.

Status: Briefing is ongoing :
Appeals at Nos. 24-2510 and 24-2968 Will Be Consolidated for Disposition

Date Filed: August 19, 2024

Court: Third Circuit

Goal: Declaration that a law is unlawful +1 additional goal(s)

Bristol Myers Squibb Co. v. Becerra et al.

Status: Decision issued

Date Filed: May 6, 2024

Court: Third Circuit

Goal: Block enforcement of a law +1 additional goal(s)

Janssen Pharmaceuticals, Inc. v. Becerra et al.

Status: Decision issued

Date Filed: May 6, 2024

Court: Third Circuit

Goal: Declaration that agency action is unlawful

Novartis Pharmaceuticals Corporation v. Becerra et al.

Status: Decision issued

Date Filed: September 1, 2023

Court: New Jersey

Goal: Declaration that provisions are unconstitutional

National Infusion Center Association et al. v. Kennedy et al.

Status: Decision issued

Date Filed: June 21, 2023

Court: Texas Western

Goal: Declaration that provisions are unconstitutional

Dayton Area Chamber of Commerce et al. v. Kennedy et al.

Status: Decision issued

Date Filed: October 8, 2024

Court: Sixth Circuit

Goal: Declaration that provisions are unconstitutional

AstraZeneca Pharmaceuticals LP et al. v. Becerra et al.

Status: Decision issued

Date Filed: May 2, 2024

Court: Third Circuit

Goal: Block the government from applying the IRA to the plaintiff +2 additional goal(s)

AstraZeneca Pharmaceuticals LP et al. v. Becerra et al.

Status: Decision issued

Date Filed: August 25, 2023

Court: Delaware, Wilmington

Goal: Block the government from applying the IRA to the plaintiff +2 additional goal(s)

Janssen Pharmaceuticals, Inc. v. Becerra et al.

Status: Decision issued :
Appeal filed

Date Filed: July 18, 2023

Court: New Jersey

Goal: Declaration that provisions are unconstitutional

Inactive Case

National Infusion Center Association et al. v. Becerra et al.

Status: Decision issued

Date Filed: March 14, 2024

Court: Fifth Circuit

Goal: Declaration that provisions are unconstitutional

Inactive Case

Astellas Pharma US, Inc. v. U.S. Department of Health and Human Services et al.

Status: Voluntarily Dismissed

Date Filed: July 14, 2023

Court: Illinois Northern

Goal: Declaration that provisions are unconstitutional

Medicare Drug Price Negotiation

Tracked Litigation

Novartis Pharmaceuticals Corporation v. Kennedy et al.

Teva Pharmaceuticals USA, Inc. et al. v. Kennedy et al.

Bristol Myers Squibb Co. v. Becerra et al.

Boehringer Ingelheim Pharmaceuticals, Inc. v. Department of Health and Human Services et al.

Dayton Area Chamber of Commerce et al. v. Becerra et al.

Boehringer Ingelheim Pharmaceuticals, Inc. v. U.S. Department of Health and Human Services et al.

Merck & Co., Inc. et al. v. Becerra et al.

National Infusion Center Association et al. v. Kennedy et al.

Novo Nordisk et al. v. Becerra et al.

Novo Nordisk Inc. et al. v. Department of Health and Human Services et al.

Bristol Myers Squibb Co. v. Becerra et al.

Janssen Pharmaceuticals, Inc. v. Becerra et al.

Novartis Pharmaceuticals Corporation v. Becerra et al.

National Infusion Center Association et al. v. Kennedy et al.

Dayton Area Chamber of Commerce et al. v. Kennedy et al.

AstraZeneca Pharmaceuticals LP et al. v. Becerra et al.

AstraZeneca Pharmaceuticals LP et al. v. Becerra et al.

Janssen Pharmaceuticals, Inc. v. Becerra et al.

National Infusion Center Association et al. v. Becerra et al.

Astellas Pharma US, Inc. v. U.S. Department of Health and Human Services et al.

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