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    “No-AG” Agreements are Anticompetitive, Says the FTC for a Second Time

    …drug company’s commitment, as part of a settlement agreement, not to launch an Authorized Generic (“AG”) to compete with a generic version of the product approved under an ANDA –…

    Breakthrough Designation Guidance Finalized

    …on device-led combination products seeking breakthrough designation, noting that such devices might present complex issues requiring expertise from a different Center and may, therefore, require additional time to resolve. The…

    When Does the Expiration of Pediatric Exclusivity Allow ANDA (or 505(b)(2) NDA) Approval? The Case of Generic BENICAR

    …“181 days after” after first-filer marketing); Caraco Pharm. Labs., Ltd. v. Forest Labs., Ltd., 527 F.3d 1278, 1284 (Fed. Cir. 2008) (same); Altana PharmaAG v. Teva Pharms. USA Inc., no….

    FDA Issues Draft Guidance for Notifying the Public of Emerging Postmarket Medical Device Signals

    …per year.  We find it interesting that FDA states it will provide these updates on its website, but it does not indicate how it will communicate the initial notice.  It…

    Teva Prevails in Generic COZAAR/HYZAAR 180-Day Exclusivity Forfeiture Litigation; the Decision is a Game-Changer (Our 800th Post!)

    …filer; and (5) 75 days after the challenged patent is delisted. No forfeiture occurs, however, unless one of dates (1)-(2) and one of dates (3)-(5) have come to pass. ….

    A New Orange Book Tool: Reference Listed Drugs by ANDA Reference Standard List

    …to an electronic database, and now to an app (see our previous post here). Although the Orange Book has become more complex to navigate, the first edition was rather simple,…

    Latest FDLI Update Magazine Features Interview Conducted by HP&M’s James Valentine on Patient Engagement in Drug Development

    …25, 2016 FDA Peripheral and Central Nervous System Advisory Committee meeting – this first known presentation by a patient advocate during the core presentation at an FDA advisory committee meeting…

    Are All Health and Wellness Mobile Apps Exempt from FDA Regulatory Requirements?

    …developed for use by the general population for a fee or at no cost, and can be easily accessed via a desktop computer, a smartphone, or an iPad. These health…

    House Energy & Commerce Committee Releases 21st Century Cures Act Discussion Draft; The Nearly 400-Page Bill Includes More Proposals Than You Can Shake a Stick At!

    …Century Cures Initiative, which was launched in April 2014 by now-Chairman of the House Energy and Commerce Committee Representative Fred Upton (R-MI) and Committee Member Representative Diana DeGette (D-CO).  That…

    Challenges Face New Federal Drug Importation Law

    …requirement that manufacturers help facilitate importation or risk criminal liability. For example, the Final Rule requires manufacturers to either test SIP-imported products for free or turn over trade secrets and…

    AstraZeneca’s Challenge to Price Negotiation Fails in Federal District Court

    …of its investment-backed patent rights and common-law right to sell its products at market prices free from governmental constraints. AstraZeneca also claimed that CMS’s revised guidance on the Negotiation Program…

    FDA Issues Draft Guidance Announcing a New Web-Based Process for Providing Recommendations on How to Design Product-Specific Bioequivalence Studies

    …post recommendations for BE studies in draft form at http://www.fda.gov/cder/guidance/bioequivalence/default.htm, and seek public comment.  Users will also be able to search the web site for recommendations on specific drug products. …

    Is Industry Atwitter? FDA Announces Public Meeting on the Promotion of Products via the Internet and Social Media

    …online communications are manufacturers, packers, or distributors accountable?  More specifically:  What criteria should be applied to determine when third-party communications are subject to substantive influence by companies that market products…

    FDA Releases New Guidance on ClinicalTrials.Gov Statement in Informed Consent Documents

    …that, “the trial participant still provides consent and the statement is required during the oral presentation of the research and/or in the written statement regarding the research, if required by…

    FDA Redesigns Website to Improve the “Look and Feel” of All FDA Websites; FDA Law Blog URL Changes

    FDA recently launch a redesigned website that is aimed at improving the “look and feel” of all FDA websites.  According to the Agency: The new site organization is intended to…

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  • Recent Posts
    • Here’s Looking at You, OTC Drugs: FDA Requests Information to Plan for Public Meeting on Increasing Access to Nonprescription Drugs and Issues New MaPP on OTC Switches and Generics December 11, 2025
    • When is an Approval Not an Approval? Before 1962. December 10, 2025
    • Don’t Miss Today’s Medical Device Webinar December 10, 2025
    • You Better Move Fast: ACCESS to TEMPO December 8, 2025
    • FDA’s Tobacco Civil Money Penalty Authority, cont’d: Not Backing Down December 3, 2025
  • Trackers
    • 180-Day Exclusivity Tracker
    • FDA Citizen Petition Tracker
    • REMS Tracker (Historical – Not Recently Updated)
    • FDA Legislation Tracker
  • Orange Book Archives

     

    ANDA Paragraph IV Patent Certifications List Archives

  • Scorecards
    • Generic Drug Labeling Carve-Out Scorecard
    • Biosimilars State Legislation Scorecard (Historical – Not Recently Updated) 
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    • Big Molecule Watch Blog
    • Bloomberg BNA Health Care Blog
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