U.S. Supreme Court
Nov. 9, 2023
State aims to use pork ruling against pharmaceutical companies
AB 824, passed in 2019, changed state law to say that settlement of a patent infringement case over a pharmaceutical drug is anticompetitive if one of the parties agrees not to develop and sell a "generic or biosimilar" version. A coalition of drugmakers challenged the law.
The U.S. Supreme Court ruled in May that the dormant commerce clause cannot be used to stop a California law governing the treatment of farm animals. Now lawyers for the state are using that ruling to defend another law.
“The Supreme Court’s recent decision in National Pork Producers Council v. Ross 9 598 U.S. 356 (2023) precludes AAM’s dormant commerce clause claim,” wrote Deputy Attorney General Erica Connolly in an opposition motion file...
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