Boehringer Appeals US Drug Price Battle Suit to Second Circuit

Boehringer Ingelheim is taking its challenge against the Medicare Drug Price Negotiation Program to the Second Circuit after a federal judge denied its claims that the plan is unconstitutional.

The Friday notice of appeal to the US Court of Appeals for the Second Circuit comes after a Connecticut federal judge July 3 rejected all of Boehringer Ingelheim Pharmaceuticals Inc.'s claims that the Biden administration’s program violates the US Constitution.

Chief Judge Michael P. Shea of the US District Court for the District of Connecticut wrote that Boehringer’s participation in Medicare and Medicaid is voluntary, even if the drugmaker “has a ...