Bristol Myers Squibb Co. and Johnson & Johnson have garnered extensive support in their ongoing legal battle against the Biden administration’s Medicare Drug Price Negotiation Program. The Third Circuit has recently seen a surge of amicus briefs—more than a dozen in total—filed in favor of the pharmaceutical giants.
The manufacturers are challenging a key provision of the Inflation Reduction Act, which empowers the government to set prices on some of the costliest drugs covered by Medicare. This program represents a significant shift in how drug prices are managed and aims to reduce the financial burden on the Medicare system.
The industry-backed initiatives stand in contrast to the relatively sparse support the manufacturers received during the trial court phase of the litigation. The considerable volume of amicus briefs filed at the appellate level underscores the high stakes and heightened interest in the outcome from various stakeholders within the pharmaceutical and healthcare sectors.
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