- Docket No.
- 26-2111
- Appellate Court
- Federal Circuit
Goal
- Block enforcement of a law
- Declaration that a law is unlawful
Issues
Case History
Litigation Content
Why This Matters:
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. This appeal challenges the district court’s finding that the upper payment limit on Enbrel was likely preempted by federal patent laws.
Potential Impact:
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.