Amgen Inc. v. Colorado Pres. Drug Affordability Review Board

Case: 25-1641 Document: 42 Page: 1 Filed: 02/02/2026

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ AMGEN INC., IMMUNEX CORPORATION, AMGEN MANUFACTURING, LIMITED, Plaintiffs-Appellants v. GAIL MIZNER, in her official capacity as Chair of the Colorado Prescription Drug Affordability Re- view Board, SAMI DIAB, in his official capacity as a member of the Colorado Prescription Drug Afforda- bility Review Board, AMARYLIS GUTIERREZ, in her official capacity as a member of the Colorado Prescription Drug Affordability Review Board, CATHERINE HARSHBARGER, in her official ca- pacity 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 Re- view Board, MICHAEL CONWAY, in his official ca- pacity as Commissioner of the Colorado Division of Insurance, PHILIP WEISER, in his official capacity as Attorney General of the State of Colorado, Defendants-Appellees ______________________ 2025-1641 ______________________ Case: 25-1641 Document: 42 Page: 2 Filed: 02/02/2026

2 AMGEN INC. v. COLORADO PRES. DRUG AFFORDABILITY REVIEW BOARD

Appeal from the United States District Court for the District of Colorado in No. 1:24-cv-00810-NYW-SBP, Judge Nina Y. Wang. ______________________ ORDER The parties submit a joint stipulation to voluntarily dismiss this appeal without prejudice pursuant to Federal Rule of Appellate Procedure 42(b), with each side to bear its own costs.

This court generally does not specify whether a dismis- sal of an appeal is with or without prejudice.

Upon consideration thereof, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) Each side shall bear its own costs.

FOR THE COURT

February 2, 2026 Date ISSUED AS A MANDATE: February 2, 2026