Spectrum Pharm., Inc. v. Burwell

Docket Number15-5166
Decision Date03 June 2016

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6 cases
  • Eagle Pharm., Inc. v. Azar
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • 13 Marzo 2020
    ...because the comparatively small demand for treatment left little motive for research and development."1 Spectrum Pharm., Inc. v. Burwell , 824 F.3d 1062, 1064 (D.C. Cir. 2016) (citing § 1(b)). The ODA’s goal is to "reduce the costs of developing" and "provide financial incentives to develop......
  • Vanda Pharm. v. Ctrs. for Medicare & Medicaid Servs.
    • United States
    • U.S. District Court — District of Maryland
    • 31 Marzo 2023
    ... VANDA PHARMACEUTICALS, INC., Plaintiff, v. CENTERS FOR MEDICARE & MEDICAID SERVICES, et al., Defendants. Civil Action No ... treat rare diseases. See Spectrum Pharm., Inc. v ... Burwell , 824 F.3d 1062, 1064 (D.C. Cir. 2016). One of ... those ... ...
  • Eagle Pharms., Inc. v. Alex M. Azar II in His Official Capacity
    • United States
    • U.S. District Court — District of Columbia
    • 8 Junio 2018
    ...had deterred the development of drugs to treat rare diseases, often referred to as "orphan drugs." See Spectrum Pharm., Inc. v. Burwell, 824 F.3d 1062, 1064 (D.C. Cir. 2016); Genentech, Inc. v. Bowen, 676 F. Supp. 301, 302-03 (D.D.C. 1987). Accordingly, in 1983, Congress enacted the Orphan ......
  • Catalyst Pharm., Inc. v. Becerra
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 30 Septiembre 2021
    ...for which the orphan drug was designated pursuant to § 360bb.Fourth, the district court's reliance on Spectrum Pharmaceuticals, Inc. v. Burwell , 824 F.3d 1062 (D.C. Cir. 2016), and Sigma-Tau Pharmaceuticals, Inc. v. Schwetz , 288 F.3d 141 (4th Cir. 2002), in support of its finding of ambig......
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1 books & journal articles
  • Off-label Innovations
    • United States
    • University of Georgia School of Law Georgia Law Review (FC Access) No. 56-2, 2022
    • Invalid date
    ...generic changes the proposed dosage to better match the use still subject to market exclusivity. See Spectrum Pharms., Inc. v. Burwell, 824 F.3d 1062, 1066, 1067-68 (D.C. Cir. 2016).146. The generic label must "carve out" any references to drugs currently under market exclusivity. 21 C.F.R.......