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496 F.3d 1362 *; 2007 U.S. App. LEXIS 18236 **; 83 U.S.P.Q.2D (BNA) 1639 ***
BIOTECHNOLOGY INDUSTRY ORGANIZATION, Plaintiff-Appellee, and PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA, Plaintiff-Appellee, v. DISTRICT OF COLUMBIA, Adrian M. Fenty, MAYOR OF THE DISTRICT OF COLUMBIA, OFFICE OF THE ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA, Robert Spagnoletti, ATTORNEY GENERAL OF THE DISTRICT OF COLUMBIA, OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES OF THE DISTRICT OF COLUMBIA, Arnold R. Finlayson, ADMINISTRATOR, OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES OF THE DISTRICT OF COLUMBIA, Defendants-Appellants.
Subsequent History: Rehearing denied by, Rehearing, en banc, denied by Biotechnology Indus. Org. v. District of Columbia, 505 F.3d 1343, 2007 U.S. App. LEXIS 25351 (Fed. Cir., Oct. 30, 2007)
Prior History: [**1] Appealed from: United States District Court for the District of Columbia. Judge Richard J. Leon.
Pharm. Research & Mfrs. of Am. v. District of Columbia, 406 F. Supp. 2d 56, 2005 U.S. Dist. LEXIS 37897 (D.D.C., 2005)
patent, patent law, prescription drug, prices, district court, pharmaceutical, preemption, preempted, excessive price, manufacturers, plaintiffs', federal patent law, innovation, invention, reward, The Act, injunction, regulation, enjoined, necessary element, declaratory, inventors, residents, profits, cases, drugs, well-pleaded
Civil Procedure, Subject Matter Jurisdiction, Jurisdiction Over Actions, General Overview, Constitutional Law, The Judiciary, Jurisdiction, Appeals, Appellate Jurisdiction, Exclusive Jurisdiction, Patent Law, Jurisdiction & Review, Appeals, Declaratory Judgments, Federal Declaratory Judgments, Federal Questions, Well Pleaded Complaint Rule, Supremacy Clause, Federal Preemption, Remedies, Injunctions, Justiciability, Standing, Case or Controversy, Elements, Third Party Standing, Injury in Fact, Antitrust & Trade Law, Regulated Practices, Price Discrimination, Congressional Duties & Powers, District of Columbia & Federal Property, Copyright & Patent Clause, Governments, Police Powers, Consumer Protection