FDA Wins Abilify Exclusivity Battle; Court Rejects Otsuka's 'Legal Equivalence'

Otsuka claimed Alkermes' Aristada is 'legally equivalent' to Abilify but DC Circuit deferred to FDA's finding that the two have different active moieties and thus Abilify's three-year exclusivity does not apply to Aristada.

court house

The US FDA once again prevailed in its interpretation of the scope of three-year market exclusivity as an appeals court rejected Otsuka Pharmaceutical Co. Ltd.'s claim that its atypical antipsychotic Abilify Maintena (long-acting injectable aripiprazole) is "legally equivalent" to Alkermes PLC's Aristada (aripiprazole lauroxil).

In an Aug. 29

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