UTC’s Suit Against US FDA To Block Application For Tyvaso Rival Invokes Arcane ‘Bundling Rule’

United Therapeutics Corp. claims the agency wrongly allowed Liquidia to submit an amendment to add a new indication to its tentatively approved NDA for a rival version of its pulmonary arterial hypertension blockbuster treprostinil.

NDA
US FDA is sued over its acceptance of an amendment to a pending new drug application • Source: Shutterstock

United Therapeutics Corporation contends that the US Food and Drug Administration improperly permitted Liquidia Technologies, Inc. to add a new indication to its pending 505(b)(2) new drug application for Yutrepia (treprostinil) inhalation powder, thereby preventing UTC from obtaining a 30-month stay of approval of the NDA.

Key Takeaways
  • UTC lawsuit says FDA improperly accepted an application supplement for a rival to its Tyvaso that neither allows UTC to bring a patent complaint or contains enough clinical data for the agency to review it.
  • Without judicial intervention, Liquidia’s version of the pulmonary arterial hypertension drug could be cleared by FDA on 31 March

If approved, the Liquidia product could become a rival to UTC’s Tyvaso, which had US

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