Legal News: Teva V. FDA, Pay-For-Delay, Citizen Petitions, User Fee Scheme

US court tosses Teva suit seeking generic Restasis exclusivity. FTC loses appeal challenging Shire's citizen petitions, settles Solvay pay-for-delay case. DoJ resolves FCA case alleging company made deal to avoid paying FDA user fees for two NDAs.

Courthouse Pillars & Stairs

The pharma industry has had a busy week in court. Perhaps most significantly, a US district court rejected Teva Pharmaceutical Industries Ltd.'s claims that it has the right to 180-day exclusivity for its generic version of Restasis (cyclosporine), noting that FDA has yet to grant even tentative approval to a pending ANDA and it is unknown whether Teva will clear forfeiture hurdles.

In a Feb. 26 order, the US District Court for the District of Columbia granted FDA and intervenor generic...

Read the full article – start your free trial today!

Join thousands of industry professionals who rely on Pink Sheet for daily insights

  • Start your 7-day free trial
  • Explore trusted news, analysis, and insights
  • Access comprehensive global coverage
  • Enjoy instant access – no credit card required

More from Legal & IP

Court Allows MSN Marketing Of Entresto Generic, But More Legal Issues Pending

 
• By 

Novartis failed to stop MSN from launching a generic Entresto and saw an earlier temporary ban lifted, potentially opening the market to competition before a final decision on a US patent dispute.

Repurposed Generics For Rare Diseases: Janet Woodcock Proposes Shortcut

 
• By 

A Duke-Margolis working group is developing ideas to enable non-profit firms to seek US FDA approval for new indications for off-patent medicines. The former acting commissioner thinks citizen petitions might be the fastest route.

‘Prescription Drugs Are Not Golf Balls’: FTC/DoJ Solicit Clashing Opinions On Patents

 

Innovator drug advocates argued that the number of patents asserted by industry is not too dissimilar to other fields. But should drugs be compared to golf balls?

The Politics Of Divisionals: How European Patentees Are Still Gaming The System

 
• By 

At Medicines for Europe’s legal affairs conference last month, divisional patents were once again a major subject of discussion. Attendees heard fresh details of how patentee games are preventing generics from hitting the market and restricting wider access to major medicines.

More from Pink Sheet

New Advisory Group To Shape UK’s Simplified Informed Consent Process

 

Although the UK Health Research Authority’s initial proposal for simplified informed consent was rejected by stakeholders, it has yielded valuable insights into reducing trial burden and widening access

Ultragenyx Says CRL Discussions ‘Productive’ Despite US FDA Leadership Upheaval

 

Ultragenyx said talks with the FDA about a path forward after receiving a CRL for UX111 have been productive despite the recent upheaval at the agency.

Prasad 2.0 Brings New Instability Concerns, Questions About Changed Regulatory Philosophy

 

Many agency stakeholders believe Vinay Prasad may be forced to change his regulatory approach at least somewhat after receiving a second chance to lead the US FDA's biologics center.