Litigation

Ascent’s US Myrbetriq Challenge Fails, Court Upholds Astellas Mirabegron Patents

 
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Ascent had hoped to join a growing list of US mirabegron competitors, but a Delaware court found its ANDA would infringe valid Astellas patents covering the sustained-release formulation.

US Solicitor General Backs Hikma Skinny-Label Argument As Dispute Heads To Supreme Court

 
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As the US Supreme Court prepares to review litigation on generics with carved-out indications, or skinny-labels, Hikma once again won the the US solicitor general's support.

Federal Court Halts US CDC Vaccine Panel Appointments, Immunization Schedule Changes

 
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Plaintiffs are likely to succeed on the merits of claims that reconstitution of the Advisory Committee on Immunization Practices violated the Federal Advisory Committee Act and the CDC improperly bypassed ACIP in adopting a new childhood vaccine schedule, a Boston judge said.

Vanda Wins Rare US FDA Hearing As Years-Long Saga For Hetlioz Jet Lag Indication Continues

 
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An HHS administrative law judge will preside at the formal evidentiary hearing, which stems from a 2019 complete response letter that was followed by administrative and legal appeals, even though Vanda said it would only accept the FDA commissioner as presiding officer.


US FDA Memos Reveal Reasons For COVID Vaccine Policy Shift For Children And Pregnant Women

 
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FDA Principal Deputy Commissioner Sara Brenner and Tracy Beth Høeg, then special assistant to the commissioner, wrote the scientific analyses underlying HHS' May 2025 decision to eliminate the recommendation that healthy children and pregnant women get vaccinated for COVID-19.

Why The Supreme Court’s Skinny-Label Ruling Matters

 
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The US Supreme Court’s decision to review Hikma and Amarin’s litigation over induced infringement of carved-out patented indications offers a chance to resolve key questions around skinny-label generics, said attorney Chad Landmon.

Bayer Challenges J&J’s Real-World Data Analysis For Erleada Survival Advantage Claims

 
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J&J’s assertion of a 51% reduced risk of death with the prostate cancer treatment apalutamide compared with Bayer’s darolutamide in an observational study is unsubstantiated and the analysis fails to meet the FDA’s rigorous standards, Bayer said in a federal lawsuit.

US Supreme Court Strikes IEEPA Tariffs, But Pharma Not Safe Yet

 

The Sec. 232 tariffs, which still could be imposed on pharma and other industries, remain a threat despite the US Supreme Court decision striking down President Trump’s International Emergency Economic Powers Act tariffs.


Sandoz, Former Parent Novartis Hit With New US Generic Price-Fixing Suit

 
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States allege Novartis and its former subsidiary Sandoz colluded with rivals to keep generic drug prices high, then restructured the Sandoz business to limit antitrust liability.

Pharma Hit With $755m In False Claims Act Recoveries

 
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With healthcare at the fore and drug cases in the spotlight, fiscal year 2025 was the largest FCA haul on record.

Bayer Accuses COVID-19 Vaccine Makers Of Crop Tech Patent Violation, Adding To List Of Suits

 
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Bayer is the latest company seeking compensation from COVID-19 vaccine manufacturers for allegedly infringing patents.

US Supreme Court Could Restore Generic Drug Skinny Label Certainty In Hikma-Amarin Review

 
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The latest step in the long-running saga of Hikma and Amarin’s induced infringement dispute over Vascepa is a US Supreme Court review of the litigation, which could result in changes to generic drug skinny-label policy.


340B Rebate Pilot’s Future: Is HRSA Retreating Or Regrouping?

 
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The agency is "reconsidering" manufacturer plans for the 340B rebate model in light of court decisions imposing a temporary stay on implementation.

US Government Backs Hikma In Vascepa Skinny Label Case, Suggests SCOTUS Review

 
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“Section viii cannot function as Congress intended,” if a Federal Circuit Court ruling stands, the US solicitor general argued in urging the Supreme Court to review and reverse the closely-watched Hikma Vascepa skinny-label case.

Mifepristone: Judge Orders US FDA To Rethink Need For REMS Restrictions

 
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A federal judge in Hawaii ruled the FDA failed to consider statutory factors relevant to the REMS and provide a “reasoned explanation” for its restrictive treatment of the drug, but remand could result in an agency determination that more extensive restrictions are needed.

Pink Sheet Podcast: US FDA Involved In Drug Pricing Deal, DOJ’s Off-Label Promotion Policy

Pink Sheet reporter and editors discuss the FDA’s role in the Astra Zeneca Most Favored Nation drug pricing deal and the Justice Department interpreting the off-label promotion laws differently than the FDA.


Off-Label Promotion: DOJ May Take New Look At Scientific Information Exchange

 

Recent Justice Department filings may suggest it is rethinking allowances for drug manufacturers to communicate scientific information on unapproved uses to healthcare providers.

Under Trump, Antitrust Regulators May Be More Divestiture Friendly

 
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The Trump Administration may differ from the Biden Administration in some areas of health care antitrust enforcement, but experts said some Biden-era priorities may be maintained.

‘Chubby Labels?’: Generic Entresto Approval Was Lawful, D.C. Appeals Court Finds

 
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MSN Laboratories wins another case against Novartis and will keep approval for its generic version of Entresto. The decision effectively confirms that US FDA can approve ANDA labels that make limited wording changes to carve around patent-protected indications, reinforcing the agency’s flexibility.

Cease Fire: Vanda, US FDA Agree To Pause Hetlioz, Tradipitant Disputes

 
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The agreement to resolve or stay numerous legal and administrative disputes resulted from a recent appeals court decision and the new agency leadership's receptiveness to negotiations, said Vanda, which has filed a barrage of challenges against the FDA in recent years.