Courtroom interior of the USCA Seventh Circuit
The U.S. Seventh Circuit Court of Appeals issued a schedule for the filing of briefs in Lilly's 340B contract pharmacy lawsuit.

Federal Circuit Court Begins Lilly’s 340B Contract Pharmacy Lawsuit Appeal in Earnest

A federal appeals court in Chicago is satisfied with the final judgement it ordered a lower court to issue in Lilly’s 340B contract pharmacy lawsuit, clearing the way the lawsuit’s next stage to get rolling.

The U.S. Seventh Court of Appeals on April 15 issued a scheduling order for briefs in Lilly and the federal government’s cross-appeals of U.S. Senior District Judge Sarah Evans Barker’s October 2021 mixed decision in the case.

The Seventh Circuit Court on April 7 sent the case back to Barker on a technicality. It told her that her decision was not sufficiently “final” to let the appellate phase begin. On April 14, Barker handed down a partial final judgement. As part of its lawsuit, Lilly challenged the legality and constitutionality of the 340B program’s administrative dispute resolution process and Barker’s April 14 partial final judgement left that matter unresolved.

That loose thread apparently did not bother the higher court. The rest of Barker’s final judgement passed muster. The Seventh Circuit Court in its April 15 order directed Lilly to file its opening brief on or before May 25. The government has until June 24 to file its opening brief and its response to Lilly’s brief. Lilly will file its last scheduled brief on or before July? 25, and the government its last scheduled brief on or before Aug. 15.

Lilly’s 340B contract pharmacy lawsuit is one of six currently before federal appeals courts. AstraZeneca, Sanofi, and Novo Nordisk’s cases are before the U.S. Third Circuit Court of Appeals in Philadelphia. Novartis and United Therapeutics’ cases are before the U.S. Court of Appeals for the District of Columbia.

Sanofi and Novo Nordisk’s cases have been consolidated for argument. So have Novartis and United Therapeutics’ cases. The federal government has May 9 deadlines to file opening briefs in both consolidated cases.

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