FTC Steps Into FDA’s ‘Ministerial’ Gap, Seeks Delisting Of REMS Patent

Jazz’s REMS patent appears to cover only a method of distributing Xyrem not a method of using the drug and if so should be delisted from FDA’s Orange Book, FTC argues in Jazz infringement suit against Avadel, which had itself sued FDA seeking release from patent certification requirement.

Orange patent
FTC files brief in suit over listing of patents in FDA's Orange Book • Source: Shutterstock

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