Biotechnology Industry Organization v. District of Columbia
Court of Appeals for the Federal Circuit
1Opinion of the Court
GAJARSA, Circuit Judge.
This is a pre-enforcement challenge to a statute of the District of Columbia, before this court after transfer from the United States Court of Appeals for the District of Columbia Circuit. Defendants, the District of Columbia and various of its departments and officers (collectively, “the District” or “D.C.”), appeal from a judgment of the United States District Court for the District of Columbia declaring the District’s Prescription Drug Excessive Pricing Act of 2005, codified at D.C.Code § 28-4551 to 28-4555 (“the Act”), preempted by the federal patent laws and…
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