This Week in 340B: September 2023 #4

McDermott Will & Emery

McDermott Will & Emery

This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation.

Issues at Stake: 340B Covered Entity, Contract Pharmacy

  • The prime vendor program appellee in a Ninth Circuit case requested an extension to file its appellee brief.
  • In a case involving anti-trust and tort claims, the court denied the plaintiff’s Motion for a Temporary Restraining Order and Preliminary Injunction.
  • In a case involving the definition of “patient,” a national 340B advocacy organization filed an Amicus Brief.
  • A drug manufacturer filed a complaint to invalidate a state law governing contract pharmacy arrangements.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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