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Biotechnology Industry Organization v. District of Columbia

United States Court of Appeals for the Federal Circuit
496 F.3d 1362 (2007)

Written by Mary Phelan D'Isa, JD

Facts

The District of Columbia enacted legislation prohibiting any patented drug from being sold in the district for an excessive price. Excessive price was not expressly defined in the statute, but a rebuttable presumption of such was recognized if the wholesale price was more than 30 percent higher than the comparable price in any high-income country. Two industry organizations—Pharmaceutical Research and Manufacturers of America and Biotechnology Industry Organization (plaintiffs)—filed separate suits challenging the law as an illegal price control in violation of federal patent laws. The district court consolidated the cases and concluded that the law was preempted by the federal patent laws and enjoined its enforcement. The district appealed.

Rule of Law

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Holding and Reasoning (Gajarsa, J.)

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Dissent (Dyk, J.)

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