We have posted here, here, and here about the inducement to infringe issue that is being brought by an innovator against a generic company. There have been a flurry of other cases that have been brought by other innovators based on initial decisions in that case that, should they stand, impact the inducement to infringe […]
Today, the FDA announced the issuance of a revised draft guidance titled Bioequivalence Studies With Pharmacokinetic Endpoints for Drugs Submitted Under an ANDA Guidance for Industry (here). This 42‑page guidance supersedes the December 2013 draft guidance of the same name. The document provides updated recommendations and the FDA’s current thinking on the general concepts for […]
With 11 reporting days of August behind us and 11 to go, OGD has issued 31 full approval actions and 2 tentative approval actions. If the current rate holds true for the rest of the month, OGD could be back to well over 60 total approval actions in August. We have seen a slowdown of […]
Well, not only were we close, but we also hit the approval numbers for July on the head with 46 approvals and nine tentative approvals. While we reported 47 approval actions in our August 5, 2021 post (here), there was one July approval for a product with two strengths that are separately reported as approval […]
After a stop-and-go where the FDA pulled back an earlier Federal Register (FR) notice due to an issue with the calculations, the new PDUFA fees have been announced in a pre-publication of the FR here. So, this ends the announcements for the 2022 UFAs and you can take that to the bank! The new PDUFA […]
In today’s prepublication of the Federal Register listing (here), there is a notice asking for stakeholder comments on the treatment of pre-1962 applications approved as ANDAs that were actually (unbeknownst to most) submitted under section 505(b) of the Act and approved under section 505(c) of the Act, like an NDA. The historical issues leading to […]
In a Federal Register Notice scheduled to publish on Monday August 9, 2021 (see prepublication notice here), FDA indicates “[O]n April 16, 2021, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision in Genus Med. Techs., LLC v. FDA, 2021 U.S. App. Lexis 10928 (April 16, 2021). The U.S. Government […]
In previous posts here and here, we outlined the attack on the carveout provisions of the Hatch-Waxman Act (also lovingly known as the “skinny label”) that the crafters of the Act included to ensure that generic drugs could get to consumers if there were certain patents or exclusivity issues that would otherwise block entry into […]
While not down by much, the unofficial approval numbers are down yet again. The previous low for a month this FY was 58 (both full [46] and tentative [12] approvals). July saw only 56 (47 full and 9 tentative approvals). This is the third month in a row where the numbers have been well below […]
Today, the Federal Register announced the 2022 MDUFA fees (here). As the FDA notes, “This notice establishes the fee rates for FY 2022, which apply from October 1, 2021 through September 30, 2022, and provides information on how the fees for FY 2022 were determined, the payment procedures you should follow, and how you may […]
