Seal of the U.S. Court of Appeals for the Third Circuit
HHS might ask the full U.S. Third Circuit Court of Appeals to rehear a a lawsuit over AstraZeneca, Novo Nordisk, and Sanofi’s 340B contract pharmacy policies.

Feds Considering Asking Full Appeals Court to Rehear Case Over AstraZeneca, Novo Nordisk, and Sanofi’s 340B Contract Pharmacy Policies

The federal government may ask all 14 judges on the U.S. Third Circuit Court of Appeals to review a three-judge panel’s unanimous January opinion upholding AstraZeneca, Novo Nordisk, and Sanofi’s restrictions on 340B pricing when their drugs are shipped to be dispensed by contract pharmacies.

The U.S. Justice Department asked the Third Circuit Court last week for an extension of time, to April 17, to consider filing a motion for a rehearing. The court granted the motion Tuesday.

The three-judge panel ruled Jan. 30 that “Congress never said that drug makers must deliver discounted Section 340B drugs to an unlimited number of contract pharmacies.”

“By trying to enforce that supposed requirement, the government overstepped the statute’s bounds,” the judges said.

Two other federal appeals courts are expected at any time to issue opinions regarding Eli Lilly’s 340B contract pharmacy conditions and Novartis and United Therapeutics’ conditions.