Summary Judgment Sought by Boehringer Ingelheim in Its IRA Lawsuit

October 3, 2023

Boehringer Ingelheim (BI) has filed a motion for summary judgment in its case against HHS objecting to the Inflation Reduction Act’s (IRA) drug price negotiation program, claiming that the undisputed material facts entitle BI to judgment as a matter of law.

In an August complaint launching its lawsuit against HHS, Boehringer Ingelheim claimed that implementation of the IRA’s drug negotiation policy would stifle innovation and violate the Fifth Amendment’s due process claim as well as the U.S. Constitution’s separation of powers.

The drugmaker’s blockbuster diabetes drug Jardiance (empagliflozin) then made the HHS list of the top 10 drugs for negotiation through the IRA.

Read the Boehringer Ingelheim motion here.

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