Certain older antibiotics are eligible for three years of Hatch-Waxman marketing exclusivity only if they receive approval for a “significant new use,” not mere labeling refinements of a previously approved indication, FDA said in ending ViroPharma Inc.’s long-running regulatory battle to prevent generic competition to Vancocin (vancomycin) capsules.
In an April 9 citizen petition response, FDA said ViroPharma was not entitled to a three years of marketing protection stemming from a Vancocin sNDA approval on Dec....
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