Amgen Inc. v. Colorado Pres. Drug Affordability Review Board
| AMGEN INC., IMMUNEX CORPORATION and AMGEN MANUFACTURING, LIMITED |
| GAIL MIZNER, in her official capacity as Chair of the Colorado Prescription Drug Affordability Review Board, SAMI DIAB, in his official capacity as a member of the Colorado Prescription Drug Affordability Review Board, AMARYLIS GUTIERREZ, in her official capacity as a member of the Colorado Prescription Drug Affordability Review Board, CATHERINE HARSHBARGER, in her official capacity as a member of the Colorado Prescription Drug Affordability Review Board, JAMES JUSTIN VANDENBERG, in his official capacity as a member of the Colorado Prescription Drug Affordability Review Board, MICHAEL CONWAY, in his official capacity as Commissioner of the Colorado Division of Insurance and PHILIP WEISER, in his official capacity as Attorney General of the State of Colorado |
| THE CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA and PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA |
| 25-1641 |
| April 14, 2025 |
| U.S. Court of Appeals, Federal Circuit |
| Const. of State Statutes (Fed. Qst.) |
Opinions
We have the following opinions for this case:
| Description |
|---|
| AMGEN INC. v. COLORADO PRES. DRUG AFFORDABILITY REVIEW BOARD |
Docket Report
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This docket was last retrieved on October 10, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 30 CORRECTED APPENDIX FILED by Appellants Amgen Inc., Amgen Manufacturing, Limited and Immunex Corporation. Service: 10/10/2025 by email, US mail. (PENDING COMPLIANCE REVIEW) [1120563] [25-1641] [Paul Mezzina] [Entered: 10/10/2025 01:26 PM] |
| Filing 29 NOTICE OF NON-COMPLIANCE: The submission of Appellants Amgen Inc., Amgen Manufacturing, Limited and Immunex Corporation, Appendix [ # 28 ], is not in compliance with the rules of this court (see attached). Compliant document due on 10/16/2025. Service as of this date by the Clerk of Court. [1119948] [GWK] [Entered: 10/08/2025 11:28 AM] |
| Filing 28 APPENDIX FILED by Appellants Amgen Inc., Amgen Manufacturing, Limited and Immunex Corporation. Service: 10/01/2025 by email, US mail. [1118565] [25-1641] This document is non-compliant. See Doc No. [ # 29 ] [Paul Mezzina] [Entered: 10/01/2025 01:14 PM] |
| Filing 27 MODIFIED ENTRY: REPLY BRIEF FILED by Appellants Amgen Inc., Amgen Manufacturing, Limited and Immunex Corporation. Service: 09/24/2025 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [1116886] --[Edited 10/01/2025 by GWK - Reason: compliance review complete] [Paul Mezzina] [Entered: 09/24/2025 01:47 PM] |
| Filing 26 Entry of Appearance for Nicholas Mecsas-Faxon as counsel for Appellants Amgen Inc., Amgen Manufacturing, Limited and Immunex Corporation. Service: 09/23/2025 by email, US mail. [1116447] [25-1641] [Nicholas Mecsas-Faxon] [Entered: 09/23/2025 11:51 AM] |
| Filing 25 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 24 ] filed by Appellants Immunex Corporation, Amgen Inc. and Amgen Manufacturing, Limited. The reply brief is due 09/24/2025. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [1112137] [GWK] [Entered: 09/03/2025 04:20 PM] |
| Filing 24 MOTION of Appellants Amgen Inc., Amgen Manufacturing, Limited and Immunex Corporation to extend the time to 09/24/2025 to file brief. Service: 08/29/2025 by email. [1111554] [25-1641] [Paul Mezzina] [Entered: 08/29/2025 04:33 PM] |
| Filing 23 MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellees Michael Conway, Sami Diab, Amarylis Gutierrez, Catherine Harshbarger, Gail Mizner, James Justin VandenBerg and Philip Weiser. Service: 08/28/2025 by email. [1111320] --[Edited 09/03/2025 by GWK - Reason: compliance review complete] [Abby Chestnut] [Entered: 08/28/2025 02:19 PM] |
| Filing 22 NOTICE OF NON-COMPLIANCE: The submission of Appellees Michael Conway, Sami Diab, Amarylis Gutierrez, Catherine Harshbarger, Gail Mizner, James Justin VandenBerg and Philip Weiser, Response Brief [ # 21 ], is not in compliance with the rules of this court (see attached). Compliant document due on 09/05/2025. Service as of this date by the Clerk of Court. [1111240] [GWK] [Entered: 08/28/2025 11:58 AM] |
| Filing 21 RESPONSE BRIEF FILED by Appellees Gail Mizner, Sami Diab, Amarylis Gutierrez, Catherine Harshbarger, James Justin VandenBerg, Michael Conway and Philip Weiser. Service: 08/22/2025 by email. [1110047] [25-1641] This document is non-compliant. See Doc No. [ # 22 ] [Abby Chestnut] [Entered: 08/22/2025 04:24 PM] |
| Filing 20 MODIFIED ENTRY: CORRECTED AMICUS BRIEF FILED by Chamber of Commerce of the United States of America and Pharmaceutical Research and Manufacturers of America. Service: 06/30/2025 by email. [1099399]--[Edited 07/09/2025 by GWK - Reason: compliance review complete] [Jeffrey Handwerker] [Entered: 06/30/2025 05:33 PM] |
| Filing 19 Certificate of Interest for Pharmaceutical Research and Manufacturers of America; The Chamber of Commerce of the United States of America. Service: 06/30/2025 by email. [1099397] [25-1641] [Jeffrey Handwerker] [Entered: 06/30/2025 05:25 PM] |
| Filing 18 Entry of Appearance for Jeffrey L. Handwerker; Allon Kedem; Elisabeth S. Theodore; Jordan L. Von Bokern as counsel for Pharmaceutical Research and Manufacturers of America; The Chamber of Commerce of the United States of America. Service: 06/30/2025 by email. [1099395] [25-1641] [Jeffrey Handwerker] [Entered: 06/30/2025 05:19 PM] |
| Filing 17 NOTICE OF NON-COMPLIANCE: The submission of Amici Curiae Chamber of Commerce of the United States of America and Pharmaceutical Research and Manufacturers of America, Amicus Brief [ # 16 ], is not in compliance with the rules of this court (see attached). Compliant document due on 07/08/2025. Service as of this date by the Clerk of Court. [1099224] [GWK] [Entered: 06/30/2025 12:04 PM] |
| Filing 16 AMICUS CURIAE BRIEF FILED by Pharmaceutical Research and Manufacturers of America and the Chamber of Commerce of the United States of America. Service: 06/20/2025 by email. [1097694] [25-1641] This document is non-compliant. See Doc No. [ # 17 ] [Allon Kedem] [Entered: 06/20/2025 10:10 PM] |
| Filing 15 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 14 ] filed by Appellees Michael Conway, Gail Mizner, Sami Diab, Amarylis Gutierrez, Catherine Harshbarger, James Justin VandenBerg and Philip Weiser. The response brief is due 08/22/2025. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [1096730] [GWK] [Entered: 06/16/2025 04:53 PM] |
| Filing 14 MOTION of Appellees Michael Conway, Sami Diab, Amarylis Gutierrez, Catherine Harshbarger, Gail Mizner, James Justin VandenBerg and Philip Weiser to extend the time to 08/13/2025 to file brief. Service: 06/16/2025 by email. [1096711] [25-1641] [Sara Stultz] [Entered: 06/16/2025 04:12 PM] |
| Filing 13 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [ # 12 ], ERROR: The contents of Appellant's brief [ # 12 ] do not appear in the correct order. CORRECTION: For future relevant filings, please ensure the contents of the brief follow the requirements of FCR 28(a). THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [1096568] [GWK] [Entered: 06/16/2025 11:39 AM] |
| Filing 12 MODIFIED ENTRY: OPENING BRIEF FILED by Appellants Amgen Inc., Amgen Manufacturing, Limited and Immunex Corporation. Service: 06/13/2025 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [1096305] --[Edited 06/16/2025 by GWK - Reason: compliance review complete] [Paul Mezzina] [Entered: 06/13/2025 02:50 PM] |
| Filing 11 Docketing Statement for the Appellees Michael Conway, Sami Diab, Amarylis Gutierrez, Catherine Harshbarger, Gail Mizner, James Justin VandenBerg and Philip Weiser. Service: 04/28/2025 by email. [1085611] [25-1641] [Abby Chestnut] [Entered: 04/28/2025 04:27 PM] |
| Filing 10 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [ # 8 ], ERROR: Upon review of Appellant's docketing statement [ # 8 ] for compliance with the rules, it appears the case may raise an argument falling under Fed. R. App. P. 44. CORRECTION: Counsel is reminded to submit the required notice if Fed. R. App. P. 44 applies. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [1085325] [GWK] [Entered: 04/28/2025 09:51 AM] |
| Filing 9 Transcript Purchase Order Form for the Appellants Amgen Inc., Amgen Manufacturing, Limited and Immunex Corporation indicating that a transcript is already on file. Service: 04/25/2025 by email. [1085271] [25-1641] [Paul Mezzina] [Entered: 04/25/2025 06:07 PM] |
| Filing 8 Docketing Statement for the Appellants Amgen Inc., Amgen Manufacturing, Limited and Immunex Corporation. Service: 04/25/2025 by email. [1085270] [25-1641] [Paul Mezzina] [Entered: 04/25/2025 06:06 PM] |
| Filing 7 Certificate of Interest for Appellants Amgen Inc., Amgen Manufacturing, Limited and Immunex Corporation. Service: 04/25/2025 by email. [1085268] [25-1641] [Paul Mezzina] [Entered: 04/25/2025 06:05 PM] |
| Filing 6 Entry of Appearance for Paul Alessio Mezzina; Ashley C. Parrish, Alexander Kazam as counsel for Appellants Amgen Inc., Amgen Manufacturing, Limited and Immunex Corporation. Service: 04/25/2025 by email. [1085266] [25-1641] [Paul Mezzina] [Entered: 04/25/2025 06:01 PM] |
| Filing 5 Certificate of Interest for Appellees Michael Conway, Sami Diab, Amarylis Gutierrez, Catherine Harshbarger, Gail Mizner, James Justin VandenBerg and Philip Weiser. Service: 04/25/2025 by email. [1085179] [25-1641] [Abby Chestnut] [Entered: 04/25/2025 01:27 PM] |
| Filing 4 Corrected Entry of Appearance for Abby Chestnut; Pawan Nelson; Russell Johnson; Sara Stultz as counsel for Appellees Michael Conway, Sami Diab, Amarylis Gutierrez, Catherine Harshbarger, Gail Mizner, James Justin VandenBerg and Philip Weiser. Service: 04/25/2025 by email. [1085176] [25-1641] [Abby Chestnut] [Entered: 04/25/2025 01:25 PM] |
| Filing 3 NOTICE OF NON-COMPLIANCE: The submission of Appellees Michael Conway, Sami Diab, Amarylis Gutierrez, Catherine Harshbarger, Gail Mizner, James Justin VandenBerg and Philip Weiser, Entry of Appearance [ # 2 ], is not in compliance with the rules of this court (see attached). Compliant document due on 04/30/2025. Service as of this date by the Clerk of Court. [1084649] [GWK] [Entered: 04/23/2025 04:30 PM] |
| Filing 2 Entry of Appearance for Abby Chestnut; Pawan Nelson; Russell Johnson; Sara Stultz as counsel for Appellees Michael Conway, Sami Diab, Amarylis Gutierrez, Catherine Harshbarger, Gail Mizner, James Justin VandenBerg, Philip Weiser and Appellant Immunex Corporation. Service: 04/21/2025 by email. [1083977] [25-1641] This document is non-compliant. See Doc No. [ # 3 ] [Abby Chestnut] [Entered: 04/21/2025 06:34 PM] |
| Filing 1 Appeal docketed. Received: 04/09/2025. [1082264] Entry of Appearance due 04/28/2025. Certificate of Interest is due on 04/28/2025. Docketing Statement due 04/28/2025. Appellant's brief is due 06/13/2025. [GWK] [Entered: 04/14/2025 11:08 AM] |
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| Search for this case: Amgen Inc. v. Colorado Pres. Drug Affordability Review Board | |
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| Plaintiff: AMGEN INC. | |
| Represented By: | Paul Alessio Mezzina |
| Represented By: | Ashley Charles Parrish |
| Represented By: | Alexander Kazam |
| Represented By: | Nicholas Mecsas-Faxon |
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| Plaintiff: IMMUNEX CORPORATION | |
| Represented By: | Paul Alessio Mezzina |
| Represented By: | Ashley Charles Parrish |
| Represented By: | Alexander Kazam |
| Represented By: | Nicholas Mecsas-Faxon |
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| Plaintiff: AMGEN MANUFACTURING, LIMITED | |
| Represented By: | Paul Alessio Mezzina |
| Represented By: | Ashley Charles Parrish |
| Represented By: | Alexander Kazam |
| Represented By: | Nicholas Mecsas-Faxon |
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| Defendant: GAIL MIZNER, in her official capacity as Chair of the Colorado Prescription Drug Affordability Review Board | |
| Represented By: | Sara Louise Stultz |
| Represented By: | Pawan Nelson |
| Represented By: | Russell D. Johnson |
| Represented By: | Abby Chestnut |
| Represented By: | Philip J. Weiser |
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| Defendant: SAMI DIAB, in his official capacity as a member of the Colorado Prescription Drug Affordability Review Board | |
| Represented By: | Sara Louise Stultz |
| Represented By: | Pawan Nelson |
| Represented By: | Russell D. Johnson |
| Represented By: | Abby Chestnut |
| Represented By: | Philip J. Weiser |
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| Defendant: AMARYLIS GUTIERREZ, in her official capacity as a member of the Colorado Prescription Drug Affordability Review Board | |
| Represented By: | Sara Louise Stultz |
| Represented By: | Pawan Nelson |
| Represented By: | Russell D. Johnson |
| Represented By: | Abby Chestnut |
| Represented By: | Philip J. Weiser |
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| Defendant: CATHERINE HARSHBARGER, in her official capacity as a member of the Colorado Prescription Drug Affordability Review Board | |
| Represented By: | Sara Louise Stultz |
| Represented By: | Pawan Nelson |
| Represented By: | Russell D. Johnson |
| Represented By: | Abby Chestnut |
| Represented By: | Philip J. Weiser |
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| Defendant: JAMES JUSTIN VANDENBERG, in his official capacity as a member of the Colorado Prescription Drug Affordability Review Board | |
| Represented By: | Sara Louise Stultz |
| Represented By: | Pawan Nelson |
| Represented By: | Russell D. Johnson |
| Represented By: | Abby Chestnut |
| Represented By: | Philip J. Weiser |
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| Defendant: MICHAEL CONWAY, in his official capacity as Commissioner of the Colorado Division of Insurance | |
| Represented By: | Sara Louise Stultz |
| Represented By: | Pawan Nelson |
| Represented By: | Russell D. Johnson |
| Represented By: | Abby Chestnut |
| Represented By: | Philip J. Weiser |
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| Defendant: PHILIP WEISER, in his official capacity as Attorney General of the State of Colorado | |
| Represented By: | Sara Louise Stultz |
| Represented By: | Pawan Nelson |
| Represented By: | Russell D. Johnson |
| Represented By: | Abby Chestnut |
| Represented By: | Philip J. Weiser |
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| Amicus curiae: THE CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA | |
| Represented By: | Jordan Von Bokern |
| Represented By: | Elisabeth S. Theodore |
| Represented By: | Allon Kedem |
| Represented By: | Jeffrey Handwerker |
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| Amicus curiae: PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA | |
| Represented By: | Jordan Von Bokern |
| Represented By: | Elisabeth S. Theodore |
| Represented By: | Allon Kedem |
| Represented By: | Jeffrey Handwerker |
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