Tap Pharmaceuticals v. U.S. Department of Health & Human Services Health Care Financing Administration Palmetto Government Benefits Administrators

Affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge MURNAGHAN joined. Judge WILLIAMS wrote an opinion concurring in part and concurring in the judgment.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

TAP Pharmaceuticals, Inc. (TAP), appeals from the dismissal of its complaint for lack of standing. TAP seeks to challenge a Medicare reimbursement policy. That policy reduces the amount of reimbursement paid for Lupron, a prostate cancer drug manufactured by TAP,to the amount paid for Zoladex, a competing prostate cancer drug made by another drug company. The…