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AKEBIA THERAPEUTICS, INC. v. AZAR

Civil Action No. 19-cv-12132-ADB.

443 F.Supp.3d 219 (2020)

AKEBIA THERAPEUTICS, INC., Plaintiff, v. Alex M. AZAR II, in his official capacity as Secretary of Health and Human Services; United States Department of Health and Human Services; Seema Verma in her official capacity as Administrator of the Centers for Medicare & Medicaid Services; Centers for Medicare & Medicaid Services, Defendants.

United States District Court, D. Massachusetts.

Signed February 4, 2020.

Attorney(s) appearing for the Case

Brian M. Boynton, Pro Hac Vice, Bruce S. Manheim, Pro Hac Vice, Leon T. Kenworthy, Pro Hac Vice, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, Nicole R. Hadas, Pro Hac Vice, Akebia Therapeutics, Inc., Cambridge, MA, Lindsey B. Silver, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, for Plaintiff.

Erin E. Brizius, Gregg D. Shapiro, Office of the United States Attorney, Boston, MA, for Defendants.

MEMORANDUM AND ORDER ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

Plaintiff Akebia Therapeutics, Inc. ("Akebia") seeks a preliminary injunction, enjoining a decision of the Centers for Medicare & Medicaid Services ("CMS") which eliminated coverage under Medicare Part D for Akebia's product...

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