Drug maker Eli Lilly's motion yesterday in its 340B contract pharmacy lawsuit against HHS mainly covered the same ground as in its original January complaint. | Shutterstock

Lilly Wants Judge To Schedule June Arguments in 340B Suit Against HHS

Drug manufacturer Eli Lilly yesterday asked a federal district judge in Indianapolis to schedule oral argument as soon as mid-June in its lawsuit challenging both a federal legal advisory opinion about 340B contract pharmacy and the 340B program’s new administrative dispute resolution (ADR) system.

Lilly asked U.S. District Judge Sarah Evans Barker to schedule the hearing at its earliest convenience following the last expected federal government filing in the case, “which will be no later than June 14.”

In March, Barker temporarily restrained the U.S. Health and Human Services Department (HHS) from enforcing 340B ADR regulations against Lilly. Last month, lawyers for HHS asked Barker either to dismiss Lilly claims against HHS as lacking merit, or to summarily rule in HHS’s favor.

The U.S. Justice Department, which is representing HHS, is expected later today to file a similar motion in drug manufacturer Novo Nordisk’s lawsuit against HHS challenging the department’s 340B contract pharmacy advisory opinion.

Yesterday, Lilly filed its response to DOJ’s April motion. Lilly generally repeated the arguments it made in its original filing against HHS in January.

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