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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