Maryland 'Price Gouging' Law's Loss In Court Could Derail Similar Legislation
States will likely need to craft different legislation on Rx prices after Fourth Circuit rules Maryland's statute violates Commerce Clause because it regulates transactions outside state.
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Governor Newsom signs bill that presumes brand-generic patent settlements are anticompetitive; AAM says the law violates US Constitution by attempting to regulate transactions outside the state.
Justice Sotoymayor suggests 'the deck is stacked' against private citizen who is dragged by government into AIA's post-grant review proceedings. Court denies petition seeking to revive Maryland's anti-price gouging law.
Helsinn v. Teva and Merck v. Albrecht directly involve pharma firms while another case addresses America Invents Act. Solicitor General to weigh in on two other cases. Petitions pending on Maryland pricing law, Amgen PCSK9 suit.