President Biden yesterday nominated the federal district judge assigned to AstraZeneca’s 340B contract pharmacy lawsuit to fill a vacancy on a federal appeals court in Washington, D.C.
The White House announced U.S. District Judge Leonard Stark’s nomination to be a U.S. Circuit Judge for the Federal Circuit on Nov. 3. The court deals mainly with patent law.
Stark heard arguments in AstraZeneca’s case last month. The company and the federal government have asked him to rule expeditiously but it is unclear if he will accommodate them.
In late June, Stark set aside and vacated the U.S. Health and Human Services (HHS) general counsel’s December 2020 advisory opinion that the 340B statute compels drug manufacturers to offer 340B pricing when covered entities use contract pharmacies.
If Stark’s nomination is confirmed, he will be the second judge hearing a current 340B-related case who needs to be replaced.
In June, the U.S. Senate confirmed Biden’s nomination of U.S. District Judge Ketanji Brown Jackson to serve on the U.S. Court of Appeals for the District of Columbia Circuit, a different federal appeals court based in Washington. Jackson had been assigned to the 340B administrative dispute resolution (ADR) lawsuits filed by community health centers and HIV/AIDS clinics. Those cases have been reassigned to U.S. District Judge Florence Pan.
