Drugmakers, trade groups push back against Medicare drug price negotiations

Key Facts

District Court for the District of New Jersey (Third Circuit) Filed: June 16 The company behind the blockbuster blood thinner Eliquis, which analysts expect to appear on CMS’ initial list of drugs subject to negotiations, argues the program violates the First and Fifth amendments.
District Court for the Northern District of Illinois (Seventh Circuit) Filed: July 14 The Japanese drugmaker’s U.S. affiliate argues the IRA violates the First Amendment and the Fifth Amendment’s “takings” and due process clauses.
District Court for the District of Connecticut (Second Circuit) Filed: Aug. 18 The German pharma company echoes many of the same legal arguments made by other manufacturers — that the program violates the First, Fifth and Eighth amendments’ protections for free speech, takings and excessive fines, as well as due process and the separation of powers.
District Court for the District of Delaware (Third Circuit) Filed: Aug. 25 The British drugmaker argues that CMS violated the Administrative Procedures Act because guidance implementing the program “impermissibly” redefines a “qualifying single source drug” to cover all dosage forms and strengths of a drug marketed with the same active ingredient.