The US Food and Drug Administration has decided not to adopt the Catalyst court ruling limiting the scope of orphan drug exclusivity and instead will continue to tie exclusivity to the uses or indications for which the drug was approved rather than to the entire disease. The move leaves questions about the agency's policy unresolved and will likely lead to further litigation.
Orphan Drug Exclusivity: In Narrow Application Of Catalyst Ruling, FDA Retains Its Existing Regs
US FDA will continue to tie orphan exclusivity to uses or indications for which the drug was approved. Attorneys say this buys agency time to sort out complex policy and legal questions and continue to seek legislative fix. Additional litigation is also possible, as happened in Depomed case.

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