The Fire of Genius � DC Drug Price Law Struck Down (Again)

The Fire of Genius � DC Drug Price Law Struck Down (Again): "The Federal Circuit has, today, affirmed the D.C. District Court decision striking down D.C.’s Prescription Drug Excessive Pricing Act of 2005. The case is Biotechnology Industry Org._v_D.C., No. 06-1593 (Fed. Cir. Aug. 1, 2007). The Federal Circuit held that federal patent law preempts the D.C. drug price law. Pages 1-14 of the slip opinion are taken up with the background of the case, as well as an analysis of subject matter jurisdiction and standing. The preemption analysis begins on page 15, and the heart of it occurs in the opinion’s final two pages."