Ninth Cir­cuit backs dis­trict court, toss­es Nexus Phar­ma ap­peal in com­pound­ing drug suit

In a case over who can judge what a copy­cat drug is, two courts have now said that the FDA holds that ex­clu­sive priv­i­lege.

The Ninth Cir­cuit Court of Ap­peals on Tues­day af­firmed a Cal­i­for­nia dis­trict court’s de­ci­sion to dis­miss a case brought against a com­pound­ing phar­ma­cy net­work by Illi­nois-based Nexus Phar­ma­ceu­ti­cals, which claimed the net­work was sell­ing a copy of a sur­gi­cal set­ting drug that Nexus was mar­ket­ing — and al­leged­ly vi­o­lat­ing the FD&C Act.

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