HHS Asks Court to Toss AbbVie Suit Over Drug Discount Patients

The US Department of Health and Human Services is asking a federal court to throw out a case from AbbVie Inc. that challenges its interpretation of patients qualified for drug discounts under a government program.

AbbVie’s claims are not ripe for review and fail because the health department’s action at issue was not a final agency measure, the government said in a motion to dismiss filed Tuesday in the US District Court for the District of Columbia.

“This case presents an attempt by a highly profitable pharmaceutical company to upend the long-settled operation of the statutory 340B Program that provides ...