A federal district judge in Delaware heard arguments yesterday in AstraZeneca's 340B contract pharmacy lawsuit against the government.

During Crucial Oral Arguments in AstraZeneca 340B Suit, Feds Urge Judge to Take a Fresh Look at Their Case

A federal government lawyer told a judge during a hearing yesterday that the government’s case against AstraZeneca and other drug companies that deny 340B drug discounts when covered entities use contract pharmacies is “in a very different posture” than it was in June when the same judge rejected the government’s position as legally flawed.

U.S. Justice Department (DOJ) lawyer Kate Talmor argued during yesterday’s late afternoon two-hour hearing before U.S. District Judge Leonard Stark of the District of Delaware that the government’s May 17 letter finding that AstraZeneca’s 340B contract pharmacy actions are illegal “does not repeat the same flaw” that Stark found in the government’s December 2020 340B contract pharmacy advisory opinion.

A federal government lawyer told a judge during a hearing yesterday that the government’s case against AstraZeneca and other drug companies that deny 340B drug discounts when covered entities use contract pharmacies is “in a very different posture” than it was in June when the same judge rejected the government’s position as legally flawed.

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