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The U.S. Court of Appeals for the D.C. Circuit handed the drug industry a win last week when it ruled that the District does not have a right to control the price of prescription drugs sold in the city. The Pharmaceutical Research and Manufacturers Association, a drug industry trade group, moved quickly in December 2005 to block the new law before it could be implemented. WilmerHale partner David Ogden represented PhRMA and argued the case before the D.C. Circuit and the U.S. District Court. Partner Randolph Moss also worked on the case, along with counsel Brian Boyton and associates Anne Small and Catherine Carroll. The three-judge appellate panel of Judges Arthur Gajarsa, William Bryson, and Senior Judge S. Jay Plager found that while the D.C. Council and then-Mayor Anthony Williams might have had good intentions to protect D.C. residents from high costs, the law nevertheless violates federal patent law. “This may be a worthy undertaking on the part of the District government, but it is contrary to the goals established by Congress in the patent laws,” the panel wrote.

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