Document Type
Amicus Brief
Publication Date
2-25-2025
Case Name
Novartis Pharma Corp. v. Secretary of H.H.S.
Abstract
Amici are law professors and scholars who focus their scholarship and teaching on intellectual property law, property law, regulatory law, and health law. They write to address the plaintiff, Novartis Pharmaceuticals Corporation (Novartis), contention that the Medicare drug price negotiation program effectuates a taking of personal property in violation of the Fifth Amendment. Amici submit this brief to provide the Court with the historical and legal background necessary to understand two issues: first, the constitutionality of government price negotiations and price regulations; second, the federal government’s use of patents. The amici explain how Courts have historically ruled on these questions, as well as the far reaching consequences that a ruling in Novartis’s favor would have on the federal government’s ability to provide adequate healthcare to across the United States.
Recommended Citation
Duan, Charles, "Brief of Law Scholars as Amicus Curiae in Support of Appellees and Affirmance" (2025). Amicus Briefs. 55.
https://digitalcommons.wcl.american.edu/pub_disc_briefs/55
Included in
Consumer Protection Law Commons, Food and Drug Law Commons, Health Law and Policy Commons, Intellectual Property Law Commons