Federal Circuit Strikes Down D.C. Pharmaceutical Law

Law360, New York (August 2, 2007, 12:00 AM EDT) -- A District of Columbia law that regulates the prices of patented drugs was struck down Wednesday by an appellate court, which ruled that the law is superseded by the federal government's exclusive power to legislate patents.

A three-judge panel of the U.S. Court of Appeals for the Federal Circuit, upholding a district court's ruling, ruled that federal patent law preempts the D.C. ordinance. The court cited the clause in the eighth section of Article I of the U.S. Constitution that grants, it said, sole authority over...
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