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U.S. District Court for the District of Colorado

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Federal district court issues preliminary injunction barring state agency from enforcing price cap against plaintiff’s drug, concluding that caps on the prices of patented drugs are preempted by federal law

July 01, 2026

Order

U.S. Chamber files coalition amicus brief urging district court to enjoin enforcement of price cap, established by state agency under state drug-price-control statute, as violating the Supremacy Clause and the Due Process Clause

November 26, 2025

The statute conflicts with the delicate balance set by the federal patent laws and has no ascertainable standards for deciding whether a drug is “affordable.

U.S. Chamber Coalition Amicus Brief

Jeffrey L. Handwerker, Allon Kedem, Elisabeth S. Theodore, and John V. Hoover of Arnold & Porter Kaye Scholer LLP served as outside counsel.

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