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  • Hatch-Waxman

    • Amlodipine Besylate Exclusivity Issues – the FDA FrontMarch 28th, 2007

      The Federal Circuit’s March 22, 2007 decision invalidating Pfizer’s patent on NORVASC (amlodipine besylate), and Mylan’s commercial launch of its generic version approved under ANDA #76-418 later that day triggering the company’s 180-day exclusivity period has set off a flurry of activity, both in the …

    • 180-Day Exclusivity Forfeiture – A Zen MomentMarch 26th, 2007

      As the backlog of pre-Medicare Modernization Act (“MMA”) ANDAs is cleared and disputes over 180-day exclusivity under the old statutory regime become a vestige of the past, new post-MMA disputes over 180-day exclusivity will certainly take their place, particularly as they concern forfeiture.  Indeed, within …

    • FDA’s Proposed PDUFA IV Recommendations Would Eliminate the 505(b)(2) Application User Fee ExceptionMarch 14th, 2007

      FDA’s highly anticipated PDUFA IV proposal, if enacted by Congress, would eliminate any possibility that a 505(b)(2) application might not be an application subject to PDUFA user fees.  Among various technical changes included in the Agency’s PDUFA IV proposal, FDA recommends that Congress “[s]implify the …

    • FDA Withdraws 128 Suitability Petitions to Implement PREA. Will FDA Go Further in Its PREA “Clean-Up” Efforts?March 12th, 2007

      In Late February 2007, FDA announced in the Federal Register the withdrawal of approval of 128 suitability petitions in accordance with the Pediatric Research Equity Act of 2003 (“PREA”).  FDA’s notice states: [T]hese approval decisions are being withdrawn because ANDAs were never submitted and PREA requires …