A federal appeals court in Philadelphia, as expected, has decided to consider and rule on AstraZeneca’s 340B contract pharmacy lawsuit in tandem with Sanofi and Novo Nordisk’s 340B contract pharmacy cases.
The U.S. Third Circuit Court of Appeals announced the move on April 28. Sanofi and Novo Nordisk’s cases were consolidated and decided together at the federal district court level.
In the AstraZeneca case, the federal government is appealing a federal district judge’s decision and final orders striking down the government’s finding that Astra’s refusal to provide 340B pricing when covered entities use more than one contract pharmacy violates the 340B statute.
The government, Sanofi, and Novo Nordisk all are appealing parts of a federal district judge’s November 2021 joint ruling in the two cases.
The companies are challenging the lower court’s decision upholding the government’s position that the companies may not unilaterally impose restrictions on offers of 340B pricing to covered entities and that their policies must cease. The government is challenging the court’s decision to vacate the government’s determination that Sanofi and Novo Nordisk owe entities refunds for overcharges and face civil monetary penalties “to the extent that such determinations may depend on the number of permissible contract pharmacy arrangements under the 340B statute.”
Sanofi and Novo Nordisk filed their opening briefs in their appeal in March. The government is due to file its brief next week Monday. It is not known whether or to what extent it will address its challenge to the lower court decision in the Astra case in next week’s filing.
