Amgen, Inc. v. Scully

MEMORANDUM OPINION

SULLIVAN, District Judge.

I. Introduction

Plaintiff, Amgen Inc., a company that develops, manufactures and markets biological products, commenced this action against Thomas Scully, the Administrator of the Centers for Medicare and Medicaid Services (“CMS” or “the agency”), and Tommy Thompson, Secretary of the Department of Health and Human Services (“HHS”). On November 15, 2002, plaintiff filed a motion for preliminary injunction seeking to enjoin defendants from implementing one subsection of a final rule promulgated on November 1, 2002 and scheduled to go into effect on…