Regeneron Pharmaceuticals v. United States Department of Health and Human…
Regeneron Pharmaceuticals, Inc. v. United States Department of Health and Human Services
- Kenneth Karas
- 7:20-cv-10488
- U.S. District Court · Southern District of New York
- 3
In Regeneron v. the United States Department of Health and Human Services, Judge Karas granted a 90-day stay and denied Regeneron’s pre-motion request without prejudice.
Regeneron and the defendants. The case was paused for 90 days, and Regeneron’s request to pursue a summary-judgment motion was denied without prejudice, allowing it to renew the request after the stay.
What happened
Regeneron Pharmaceuticals, Inc. sued the United States Department of Health and Human Services and others over the Most Favored Nation Rule. The opinion text includes Regeneron’s request to continue the case and seek a ruling invalidating the rule.
Regeneron argued that the rule was issued without the required public notice and comment, and that the case should proceed to summary judgment rather than be paused. The defendants asked the court to stay the case while related rulemaking continued.
Judge Kenneth M. Karas granted the defendants’ application and stayed the case for 90 days. He also denied Regeneron’s request for a pre-motion conference about seeking permission to file a summary-judgment motion without prejudice, allowing Regeneron to renew that request after the stay ends.
The detailed version
- Regeneron Pharmaceuticals v. United States Department of Health and Human… · No. 7:20-cv-10488
- Kenneth Karas
- Feb. 10, 2021
Background
Regeneron challenged the Most Favored Nation Rule issued by the defendants on November 20, 2020. According to Regeneron’s letter, the court had previously entered a preliminary injunction after finding that Regeneron was more likely than not to succeed on its argument that the rule was issued without proper notice-and-comment procedures.
The opinion text includes Regeneron’s response to the defendants’ request for a stay. Regeneron argued that the court should instead allow it to seek summary judgment and vacate the rule. Regeneron also argued that the defendants’ ongoing rulemaking did not eliminate the procedural problems with the existing rule and that the rule’s continued existence was causing uncertainty and alleged business harm.
Ruling
Judge Kenneth M. Karas stated that the defendants’ application was granted and that the case was stayed for 90 days. The court stated that consideration of the appropriate factors favored a stay. The parties were instructed to file a status letter by May 10, 2021.
The court denied Regeneron’s request for a pre-motion conference seeking permission to file a summary-judgment motion without prejudice. The order stated that Regeneron may renew that request when the stay ends. The opinion text does not show a final ruling on the validity of the Most Favored Nation Rule.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.