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BIO Applauds Court of Appeals Decision

Published in Medical Letter on the CDC and FDA, August 26th, 2007

The Biotechnology Industry Organization (BIO) today commended the United States Court of Appeals for the Federal Circuit for yesterday's action upholding a lower court's ruling that the District of Columbia law seeking to control the price of pharmaceutical products was unconstitutional.

The U.S. District Court for the District of Columbia ruled in December 2005 that the "Prescription Drug Excessive Pricing Act of 2005" was preempted by federal patent laws and therefore unconstitutional. The presiding judge, Richard Leon, stated in his ruling that Congress sought to "encourage and reward the innovation, research, and development of new drugs" and that the Act did not...

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