Mixed court de­ci­sions for No­var­tis in DC and Sanofi, No­vo Nordisk in NJ fur­ther com­pli­cate whose in­ter­pre­ta­tion of 340B is cor­rect

Wash­ing­ton DC’s dis­trict court hand­ed No­var­tis a clear win late Fri­day, ar­gu­ing that the Big Phar­ma can place con­di­tions on the sales of drugs dis­count­ed by a fed­er­al pro­gram to con­tract phar­ma­cies. But this in­ter­pre­ta­tion was con­tra­dict­ed by an­oth­er de­ci­sion hand­ed down Fri­day in a New Jer­sey dis­trict court, in which No­vo Nordisk and Sanofi were told that they can­not uni­lat­er­al­ly im­pose re­stric­tions on the 340B pro­gram and that their new poli­cies “must cease.”

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