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  • Orange Book Blog is published for informational purposes only; it contains no legal advice whatsoever. Publication of Orange Book Blog does not create an attorney-client relationship. Orange Book Blog is Aaron Barkoff's personal website and it is intended primarily for other attorneys. Orange Book Blog is not edited by McDonnell Boehnen Hulbert & Berghoff LLP ("MBHB") or its clients. Therefore, no part of Orange Book Blog--whether information, commentary, or other--may be attributed to MBHB or its clients. Readers should be aware that MBHB represents many companies in the pharmaceutical and biotechnology industries, and therefore Orange Book Blog may occasionally report on news that relates to MBHB clients. Orange Book Blog will always strive to be unbiased in its reporting. All information on Orange Book Blog should be double-checked for its accuracy and current applicability. -- © Aaron F. Barkoff 2006-08

« Pharma News Briefs | Main | Pfizer Wins Attorney's Fees from Synthon in Case Involving Synthon's Amlodipine Process Patent »

April 26, 2007

Mylan, Apotex, and Teva File Motions Challenging FDA's Decision on Generic Norvasc

Apparently not too many companies other than Pfizer are happy with the FDA's decision last week regarding Norvasc (amlodipine besylate) exclusivity.  On Monday, Mylan, Apotex, and Teva all filed motions with the U.S. District Court for the District of Columbia for injunctive relief from FDA's decision.  Today, everyone filed briefs in opposition to each others' motions.

Mylan, currently the only generic on the market, is unhappy that FDA intends to approve Apotex's ANDA if and when the Federal Circuit issues a mandate from its March 22 decision.  Apotex, who won that decision, wants final approval of its ANDA now--and Mylan's approval revoked.  Teva, another ANDA applicant for amlodipine, argues that all ANDA applicants should be granted final approval.

Here are the briefs:

Considering the expedited briefing schedule and the fact that one month of Pfizer's six-month pediatric exclusivity period has already elapsed, I would expect to see a ruling from the district court sometime next week.  Given how much money is at stake in this case (Norvasc had sales of $2.5 billion in the U.S. last year), any decision is likely to be appealed.

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