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Florida still has a long way to go before it can begin importing certain Canadian drugs

On January 5, 2024, the U.S. Food and Drug Administration (FDA) authorized Florida’s proposal under the Section 804 Importation Program (SIP) to allow Florida to proceed to the next...

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FTC challenges around 100 FDA Orange Book patent listings

The U.S. Federal Trade Commission (FTC) announced that it issued warning letters to 10 drug manufacturers and challenged the Orange Book listings for around 100 patents under the U.S. Food...

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FDA ends interchangeability statement requirement for biosimilar labels

The U.S. Food and Drug Administration (FDA) recently issued new revised draft guidance on “Labeling for Biosimilar and Interchangeable Biosimilar Products,” which most notably...

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FDA MIE pilot hints at expanding regulatory paradigm for bioequivalence

The U.S. Food and Drug Administration (FDA) generic drug program has launched a new pilot program to offer meeting opportunities to generic drug applicants who intend to use...

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SCOTUS won’t hear Teva v. GSK: Where does that leave us on FDA labeling carve-outs?

The Supreme Court of the United States has denied certiorari in the Teva v. GSK “skinny labeling” case, leaving intact the Federal Circuit’s August 2021 decision, which we ...

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Impurity in previously approved drug does not limit new drug exclusivity, court rules

Last week, the U.S. Court of Appeals for the D.C. Circuit upheld the district court’s ruling granting the U.S. Food and Drug Administration (FDA) summary judgment against Sandoz,...

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FDA draft guidance addresses complexities in establishing active ingredient sameness in an ANDA

The U.S. Food and Drug Administration (FDA) recently published the draft guidance “Sameness Evaluations in an ANDA – Active Ingredients,” which aims to assist applicants...

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FDA finalizes guidance on Orphan Drug “sameness” of gene therapies

Recently, the U.S. Food and Drug Administration’s (FDA’s) Office of Orphan Product Development published the four-page final guidance “Interpreting Sameness of Gene...

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Federal Circuit affirms GSK labeling carve-out ruling in favor of innovator

Earlier this month, in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed (2-1) upon rehearing its...

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