Litigation

Mifepristone Filing Supports 2023 US FDA Actions, But Experts Caution Against Overanalyzing

 

Filing in the Whole Women’s Health mifepristone case defends the FDA’s 2023 decision on the abortion pill safety program, but experts warn it does not necessarily signal the Trump Administration position in other mifepristone cases attempting to restrict medication abortion access.

Supreme Court May Be Next After Federal Circuit Refuses To Rehear Teva Inhaler Patents Case

 

Teva was forced to delist its ProAir HFA inhaler patents from the FDA’s Orange Book by mid-March after the Federal Circuit denied its petition for en banc rehearing. Will the Supreme Court listen?

HHS Wants 340B Rebate Debate Out Of Courts, Returned To Government

 
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An HHS legal brief argues company lawsuits seeking immediate clearance to use rebates in 340B are premature and that the department has merely used a ‘measured approach’ in weighing the possibility. Past experience suggests otherwise, a pricing expert said.

Kennedy’s Pullback of Public Comment Policy Make May Rules Vulnerable to Lawsuits

 

The Health and Human Services Department's decision to eliminate the Richardson Waiver may be a blow for transparency, but will not completely eliminate scrutiny of regulations, experts said.


Makary US FDA Nomination Advances, Last Minute Hiccup May Offer Clues On Mifepristone

 

President Trump’s CDC director nominee was pulled after vaccine positions appeared too extreme for some Republicans, but the nominations to lead the FDA and NIH advanced to the Senate floor despite last-minute drama.

GLP-1 Compounding: Court Backs US FDA Approach To Managing Drug Shortage List

 
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A lengthy notice-and-comment rulemaking process is not congruent with the congressional mandate to keep an up-to-date list of drugs in short supply, US judge said, denying compounders' request to stay removal of the GLP-1 tirzepatide from the shortage list.

US FDA Spikes Vanda’s Hetlioz For Insomnia, Lack Of Well-Controlled Trial ‘Fatal’

 
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Acting Commissioner Sara Brenner rejected the company’s request for a hearing, saying the lack of an adequate and well-controlled trial showing tasimelteon's effectiveness in treating sleep-onset insomnia is “fatal to the application.”

Vanda Falls Again As Teva, US FDA Win Judgment In Tasimelteon Approval Case

 
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In its latest legal case, Vanda lost its case against the FDA and Teva over the alleged unlawful approval of the Israeli firm’s generic Hetlioz.


US FDA Employs Familiar Strategy In Ending Novo’s Wegovy, Ozempic Shortage

 
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A declaratory order removing semaglutide from the FDA shortages list duplicates much of the language in a December decision still in litigation that declared Eli Lilly’s tirzepatide products Mounjaro and Zepbound were no longer in shortage.

US FDA Says Restored Webpages Do Not Reflect ‘Biological Reality’

 
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Clinical trial draft guidance webpages are back online following a court order, but with new language disclaiming any information promoting gender ideology as "extremely inaccurate."

US FDA Discourages Off-Label Guidance Suits as Challenges To Entire Approval Authority

 

The US FDA says in a legal memo that its new guidance on scientific information on unapproved uses (SIUU) is “speech-enabling” and argues that challenges should be interpreted as attempts to roll back the approval process.

After US FDA Diversity Action Plan, Sex Differences Webpages Restored Will Others Follow?

 
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A federal judge granted Doctors for America’s motion for a temporary restraining order directing the FDA and CDC to restore information removed from the agencies’ websites to comply with a presidential executive order targeting “gender ideology extremism.”


No SPCs In The UK For New Therapeutic Uses As Appeal Court Aligns With EU Ruling

 

While the UK Court of Appeal’s decision in Merck Serono v Comptroller-General will be unwelcome by innovators, it provides much-needed certainty for companies seeking – or seeking to invalidate – supplementary protection certificates based on marketing authorizations for new uses of known active ingredients.

Vanda Loses US Trade Secrets Battle Over Fanapt And Hetlioz Generics

 
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“While Vanda developed the brand-name drugs, the trade secret and confidential and proprietary information claimed to have been taken by the government was, in fact, proposed and recommended to Vanda by the FDA,” a US federal court said.

Meiji Seika Pharma Files Lawsuit In Japan Over Kostaive Misinformation

 
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The Japanese pharma firm sued a politician, claiming defamatory actions on social media related to its novel COVID-19 vaccine.

Sandoz Pays Another $275m Over Price-Fixing

 
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Sandoz announced a $275m settlement to resolve class action antitrust litigation over price-fixing allegations and disclosed that the company made a further provision of $265m linked to the case.


Rx Enforcement In 2025: Shift Away From Opioid Makers But Tougher Approach On Ad/Promo

 
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The compounding industry ties for Martin Makary, President-elect Trump’s candidate to lead the FDA, could mean less compounding enforcement, experts said, but government officials said their enforcement focus will remain nonpartisan.

US FDA Takes Lilly’s Mounjaro, Zepbound Off Shortage List But Gives Compounding Grace Period

 
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Compounding pharmacies have 60 days, and outsourcing facilities 90 days, to transition patients to branded products.

Skinny Label Limits: Supreme Court Denies Norwich Bid For US Xifaxan Reprieve

 
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Removing the patent-protected indication from the label of Norwich Pharmaceuticals's proposed generic for Xifaxan did not convince the US Supreme Court to hear its petition to review a case from Bausch Health that blocked approval until 2029.

Apotex And Heritage Reach $50m Settlements For US Price-Fixing Claims

 
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Two more generics manufacturers have settled claims with 50 US attorneys general that they artificially inflated and manipulated the prices of generic drugs for nearly a decade.