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"Shared Exclusivity" Ruling Could Impact Eight First-Time Generics Over Two Years, FDA Says

This article was originally published in The Pink Sheet Daily

Executive Summary

The agency seeks a stay of a court ruling invalidating its "shared exclusivity" policy on paroxetine (Paxil) generics and outlines a number of "new policy determinations" it would have to make if it adopts a "one first applicant" approach instead.

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Generic Exclusivity For Omeprazole 40 Mg Challenged By Apotex

A federal appeals court should rule on the validity of FDA’s patent-based approach to awarding exclusivity for Paxil generics because “it is an absolute certainty” that Apotex will litigate the same issue for Prilosec 40 mg, company attorney Rakoczy tells the appellate judges.

Generic Exclusivity For Omeprazole 40 Mg Challenged By Apotex

A federal appeals court should rule on the validity of FDA’s patent-based approach to awarding exclusivity for Paxil generics because “it is an absolute certainty” that Apotex will litigate the same issue for Prilosec 40 mg, company attorney Rakoczy tells the appellate judges.

FDA Stands By Generic "Shared Exclusivity" Policy During Paxil Appeal

The agency will continue to award 180-day exclusivity to multiple ANDA filers "when applicable" while it appeals a ruling invalidating this approach for paroxetine generics. "Shared exclusivity" issues raised in the Paxil case could come up again if they are not resolved by the appeals court, FDA says.

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