The document provides an overview of the Waxman-Hatch Act of 1984, which established the modern generic drug approval pathway in the United States. It discusses the reasons for its creation, key provisions such as bioequivalence standards and patent certification requirements, and subsequent amendments. The Act sought to balance increased availability of low-cost generic drugs with incentives for continued pharmaceutical innovation.
Presentation at the Center for Professional Advancement (CFPA) Course on Generic Drug Approval, August 2013. New Brunswick, NJ., with a focus on the patent provisions of the 1984 Hatch-Waxman Act
Presentation at the Center for Professional Advancement (CFPA) Course on Generic Drug Approval, August 2013. New Brunswick, NJ., with a focus on the patent provisions of the 1984 Hatch-Waxman Act
Acceptance of foreign clinical trials.pptxdipakkendre2
FDA guidence for industry acceptance of foreign clinical trials. -
Clinical trials conducted under IND
Clinical trials not conducted under IND
Good clinical practices
Acceptance of foreign clinical studies
Waivers
Abbreviated New Drug Application [ANDA]Sagar Savale
An Abbreviated New Drug Application (ANDA) contains data which when submitted to FDA's CDER, Office of Generic Drugs, provides for the review and ultimate approval of a generic drug product.
Combination Products, Orphan Drugs and OTC DrugsMichael Swit
Presentation to the 2016 Regulatory Affairs Certification (RAC) Test Review Course sponsored by the San Diego Regulatory Affairs Network (SDRAN) in July 2017, with a focus on:
A Brief History of Combination Product Regulation
Primary Mode of Action (PMOA) –The Key Lynchpin to FDA’s Regulatory Regime for Combination Products
The Request for Designation (RFD) Process
GMPs
Post-Market Safety Reporting
How Many Applications to File?
User Fees
An abbreviated new drug application (ANDA) contains data which is submitted to FDA for the review and potential approval of a generic drug product. Once approved, an applicant may manufacture and market the generic drug product to provide a safe, effective, lower cost alternative to the brand-name drug it references.
To reduce the price of the drug. To reduce the time development. Increase the bioavailability of the drug in comparison to reference list drug.
Abbreviated New Drug Application (ANDA)RaghaviPillai
This presentation gives a complete brief idea of how FDA regulates the marketing of Generic drugs. An application has to be filled out for the approval of marketing generic drugs. ANDA form has to be filled and submitted for this purpose.
ANDAs, OTCs, Orphans and Cosmetics – Key IssuesMichael Swit
June 24, 2015 lecture to RAC Test review course sponsored by San Diego Regulatory Affairs Network (SDRAN). Focus:
♦ ANDAs and generic drug regulation
♦ OTC drug regulation
♦ Orphan drug regulation
♦ Cosmetic Regulation
ANDAs, OTCs, Orphans and Cosmetics – Key IssuesMichael Swit
August 7, 2013 lecture to RAC Test review course sponsored by San Diego Regulatory Affairs Network (SDRAN). Focused on:
♦ ANDAs and generic drug regulation
♦ OTC drug regulation
♦ Orphan drug regulation
♦ cosmetic regulation
Acceptance of foreign clinical trials.pptxdipakkendre2
FDA guidence for industry acceptance of foreign clinical trials. -
Clinical trials conducted under IND
Clinical trials not conducted under IND
Good clinical practices
Acceptance of foreign clinical studies
Waivers
Abbreviated New Drug Application [ANDA]Sagar Savale
An Abbreviated New Drug Application (ANDA) contains data which when submitted to FDA's CDER, Office of Generic Drugs, provides for the review and ultimate approval of a generic drug product.
Combination Products, Orphan Drugs and OTC DrugsMichael Swit
Presentation to the 2016 Regulatory Affairs Certification (RAC) Test Review Course sponsored by the San Diego Regulatory Affairs Network (SDRAN) in July 2017, with a focus on:
A Brief History of Combination Product Regulation
Primary Mode of Action (PMOA) –The Key Lynchpin to FDA’s Regulatory Regime for Combination Products
The Request for Designation (RFD) Process
GMPs
Post-Market Safety Reporting
How Many Applications to File?
User Fees
An abbreviated new drug application (ANDA) contains data which is submitted to FDA for the review and potential approval of a generic drug product. Once approved, an applicant may manufacture and market the generic drug product to provide a safe, effective, lower cost alternative to the brand-name drug it references.
To reduce the price of the drug. To reduce the time development. Increase the bioavailability of the drug in comparison to reference list drug.
Abbreviated New Drug Application (ANDA)RaghaviPillai
This presentation gives a complete brief idea of how FDA regulates the marketing of Generic drugs. An application has to be filled out for the approval of marketing generic drugs. ANDA form has to be filled and submitted for this purpose.
ANDAs, OTCs, Orphans and Cosmetics – Key IssuesMichael Swit
June 24, 2015 lecture to RAC Test review course sponsored by San Diego Regulatory Affairs Network (SDRAN). Focus:
♦ ANDAs and generic drug regulation
♦ OTC drug regulation
♦ Orphan drug regulation
♦ Cosmetic Regulation
ANDAs, OTCs, Orphans and Cosmetics – Key IssuesMichael Swit
August 7, 2013 lecture to RAC Test review course sponsored by San Diego Regulatory Affairs Network (SDRAN). Focused on:
♦ ANDAs and generic drug regulation
♦ OTC drug regulation
♦ Orphan drug regulation
♦ cosmetic regulation
ANDAs, OTCs, Orphans and Cosmetics – Key IssuesMichael Swit
Lecture to RAC Test review course sponsored by San Diego Regulatory Affairs Network (SDRAN). Focused on:
♦ ANDAs and generic drug regulation
♦ OTC drug regulation
♦ Orphan drug regulation
♦ cosmetic regulation
Introduction to the Legal Basis for Generic Drug ApprovalsMichael Swit
Presentation at the Center for Professional Advancement (CFPA) Course on Generic Drug Approval, August 2013. New Brunswick, NJ., with a focus on how the 1984 Hatch-Waxman Act came to be enacted.
The Drug Price Competition and Patent Term Restoration Act of 1984: The Basi...Michael Swit
Presentation at the Center for Professional Advancement (CFPA) Course on Generic Drug Approval, September 2009 at Teva Parenterals, with a focus on the key basic provisions of the 1984 Hatch-Waxman Act
Market Exclusivity Under the Waxman-Hatch ActMichael Swit
March 19, 2007 presentation to the San Diego County Bar Association IP Section, with a focus on:
•Orphan Drug Exclusivity (Seven Years)
•Five-Year Exclusivity
•Three-Year Exclusivity
•Pediatric Exclusivity (Six Months)
•180-Day Exclusivity
June 14, 2018 presentation to the San Diego Regulatory Affairs Network (SDRAN) Regulatory Affairs Certification (RAC) Review Course on the basics of FDA regulation of generic drugs and biosimilars.
This generally deals with ANDA litigation in United states with Paragraph iv litigation generally. It also emphasizes on Cost involved in ANDA litigation with different methods for reducing the cost.and how many million or billion at stake when Generic and Branded drugs. It also covers the litigation part of District New Jersey that how and in what manner litigation with respect to Hatch-waxman act an is done along with the timelines and CAFC timelines.
ANDAs, OTCs, Orphans and Cosmetics – Key IssuesMichael Swit
Lecture to RAC Test review course sponsored by San Diego Regulatory Affairs Network (SDRAN). Focused on:
♦ ANDAs and generic drug regulation
♦ OTC drug regulation
♦ Orphan drug regulation
♦ cosmetic regulation
June 24, 2015 Presentation to the Regulatory Affairs Certification (RAC) Test Review Course sponsored by the San Diego Regulatory Affairs Network, with a focus on regulation of ANDAs, OTC drugs, and Orphan Drugs, covering these issues relating to generic drugs:
♦ Basics
♦ User Fees
♦ Power
♦ Addressing Abuses – by Rule & Statute
♦ Biosimilars – Basics of New Law
Keynote presentation at the Drug Delivery Conference, sponsored by Pharmaceutical Education Associates, in June 2007, in San Diego. Talk focused on new drug regulatory issues, especially those arising under draft legislation that would eventually lead to the 2007 Food and Drug Administration Amendments Act (FDAAA).
Keynote presentation at the Ophthalmic Drug Delivery Conference, sponsored by Pharmaceutical Education Associates, in September 2007, in San Diego. Talk focused on new drug regulatory issues, especially those arising under the 2007 Food and Drug Administration Amendments Act (FDAAA).
FDA Update: The Impact of FDASIA and The ElectionsMichael Swit
Presentation to the San Diego Regulatory Affairs Network (SDRAN), focusing on:
• The 2012 Election and the Political Arena
• FDASIA – The Food & Drug Administration Safety & Innovation Act of 2012
– User Fees (only briefly)
– Drug Provisions
– Device Provisions
– General Provisions
• Other Trends
The Impact of FDASIA on the Drug and Device IndustriesMichael Swit
March 12., 2013 presentation to the San Diego Chapter of the American Society for Quality, focusing on:
• The 2012 Election and the Political Arena
• FDASIA – The Food & Drug Administration Safety & Innovation Act of 2012
– User Fees (only briefly)
– Drug Provisions
– Device Provisions
– General Provisions
• Other Trends
November 2012 presentation to the BIOCOM Reimbursement and Market Access series, focusing on:
• The 2012 Election and the Political Arena
• FDASIA – The Food & Drug Administration Safety & Innovation Act of 2012
– User Fees (only briefly)
– Drug Provisions
– Device Provisions
– General Provisions
• Other Trends
GMP Review -- Legal Letter from America Column -- How Data Integrity Issues S...Michael Swit
Article appearing in the October 2018 issue of GMP Review by Michael A. Swit explores how data integrity issues sunk a $4.3 billion acquisition of Akorn by Fresenius. Article stresses lessons not just for quality professionals, but also their top management.
FDA Regulation of Promotion & Advertising -- Part 8: Handling Promotional Com...Michael Swit
Presentation to the Compliance Online 2-day course on Ensuring Compliance with FDA Requirements for the Promotion & Advertising of Drugs and Medical Devices,November 2, 2018, Boston.
FDA Regulation of Promotion & Advertising -- Part 7: FTC RegulationMichael Swit
Presentation to the Compliance Online 2-day course on Ensuring Compliance with FDA Requirements for the Promotion & Advertising of Drugs and Medical Devices,
FDA Regulation of Promotion & Advertising -- Part 6: First Amendment, Off-Lab...Michael Swit
Presentation to the Compliance Online 2-day course on Ensuring Compliance with FDA Requirements for the Promotion & Advertising of Drugs and Medical Devices, November 2, 2018, Boston.
FDA Regulation of Promotion & Advertising -- Part 5: Social Media & InternetMichael Swit
Presentation to the Compliance Online 2-day course on Ensuring Compliance with FDA Requirements for the Promotion & Advertising of Drugs and Medical Devices, November 1-2, 2018, Boston
FDA Regulation of Promotion & Advertising -- Part 4: FDA Enforcement – Action...Michael Swit
Presentation to the Compliance Online 2-day course on Ensuring Compliance with FDA Requirements for the Promotion & Advertising of Drugs and Medical Devices, November 1-2, 2018, Boston.
FDA Regulation of Promotion & Advertising -- Part 3: Disseminating Scientific...Michael Swit
Presentation to the Compliance Online 2-day course on Ensuring Compliance with FDA Requirements for the Promotion & Advertising of Drugs and Medical Devices, November 1-2, 2018, Boston
FDA Regulation of Promotion & Advertising --Part 2: Direct-to-Consumer AdsMichael Swit
Presentation to the Compliance Online 2-day course on Ensuring Compliance with FDA Requirements for the Promotion & Advertising of Drugs and Medical Devices,November 1-2, 2018, Boston
FDA Regulation of Promotion & Advertising -- Part 1: The BasicsMichael Swit
Presentation to the Compliance Online 2-day course on Ensuring Compliance with FDA Requirements for the Promotion & Advertising of Drugs and Medical Devices, November 1-2, 2018, Boston.
Ensuring FDA Regulatory Success for Biomedical Companies -- Key Lessons for S...Michael Swit
Supporting Materials for Michael Swit's Panel remarks at the Workshop Co-sponsored by the Orange County Regulatory Affairs (OCRA) Discussion Group and the Small Business Development Center (SBDC) @ UCI Applied Innovation
Regulatory, Quality & Clinical Due Diligence: The Oft Overlooked Keys to Suc...Michael Swit
June 23, 2010 webinar sponsored by The Weinberg Group, with an emphasis on key issues to explore during due diligence in acquiring FDA-regulated products or companies.
Presentation on Critical Legal Issues Facing GMP ComplianceMichael Swit
August 27, 2018 Presentation to the 23rd Annual GMP by the Sea Conference in Cambridge, Maryland, focusing on the potential legal consequences faced by companies that violate FDA's requirements on Good Manufacturing Practices (GMPs) for drugs and biologics
Overview of FDA Drug Manufacturing RequirementsMichael Swit
Presentation on FDA Regulation of Drug Manufacturing to the Introduction to Drug Law Course sponsored by the Food & Drug Law Institute (FDLI) on July 25, 2018 in San Francisco.
Combination Products, Orphan Drugs, and OTC DrugsMichael Swit
Presentation to the San Diego Regulatory Affairs Network (SDRAN) Regulatory Affairs Certification (RAC) Exam review course on FDA regulation of combination products, orphan drugs, and OTC drugs.
Latest Developments in and the Future of the Regulatory Landscape for Approv...Michael Swit
Presentation on "Latest Developments in and the Future of the
Regulatory Landscape for Approving Treatments
for Orphan and Rare Diseases," given at the Orphan Drugs & Rare Diseases -- 2018 Americas West Coast Conference.
June 25, 2018. San Diego, CA.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Matthew Professional CV experienced Government LiaisonMattGardner52
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2. www.duanemorris.com
Why The 1984 Law Was Created
• Difficulty in obtaining an ANDA for post-1962
drugs
• Erosion of patent protection for pioneer drugs
due to lengthy FDA approval process
• Increased pressure for competitive pricing
• Federal government’s role as major drug
purchaser
3. www.duanemorris.com
Statutory Sections - NDAs
FDCA § 505(b)(1)
“Any person may file with the Secretary [FDA] an application with
respect to any [new] drug . . .” {21 U.S.C. § 355(b)(1)}
FDCA § 505(b)(2)
“An application . . . for a [new] drug for which the [safety and
effectiveness] investigations . . . relied upon by the applicant for
approval of the application were not conducted by or for the applicant
and for which the applicant has not obtained a right of reference or
use from the person by or for whom the investigations were conducted
. . .” {21 U.S.C. § 355(b)(2)}
4. www.duanemorris.com4
Waxman-Hatch Basics
• Any person could file an ANDA for a drug approved
under § 505(b) of the Federal Food, Drug, and
Cosmetic Act
• Requirements
– Same active ingredient
– Same conditions of use (labeling)
– Same dosage form
– Same strength
– Same route of admin.
– Bioequivalent
– Patent Certification
5. www.duanemorris.com5
Basics …
• ANDA Suitability Petitions – for some changes
• Listing of patents and approved drugs – the
“Orange Book”
• Patent term restoration –
– On new chemical entities – maximum is five years
– Formula = 50% development time + 100% review time (less
any non-diligent time) up to 5 years with a maximum length
after extension of 14 years
6. www.duanemorris.com6
Basics …
• Exclusivity
– 5-year – NCE
– 3-year – new uses for previously approved drugs
New clinical investigations
Conducted or sponsored
By applicant
Essential to approval
7. www.duanemorris.com7
Basics …
• Patent listings
– 30 days of new approval
– 30 days of issuance if drug already approved
• Patent Certifications
– I – no information filed
– II – filed patent has expired
– III – will await patent expire
– IV – won’t infringe or patent invalid – requires notice to patent
holder with detailed statement of law and fact for why patent
should not block ANDA
8. www.duanemorris.com8
Another Waxman-Hatch Creation –
The 505(b)(2) NDA
• Not a completely new product (usually)
• Not a generic
• A product with some differences from a previously
approved product
• Approval requires (usually) clinical data, but the
studies may have been conducted by others.
9. www.duanemorris.com9
How is 505(b)(2) Different?
• The applicant and FDA may rely on prior FDA
safety and efficacy determinations, based on
studies conducted by someone else even though
the applicant does not have a right of reference to
the data. 21 U.S.C. § 355(b)(2)
• Safety and efficacy can also be supported by
published reports
10. www.duanemorris.com10
Types of 505(b)(2) NDAs
• New Chemical Entity (rarely)
• Changes to a Previously Approved Drug
– New dosage form, dosing regimen, strength, or route of
administration
– New indication
– New active ingredient
– New inactive ingredient that requires studies beyond
limited confirmatory studies
– Rx OTC switch (Claritin)
• Duplicates of approved drugs that cannot be
approved under an ANDA
11. www.duanemorris.com11
Patent and Exclusivity Issues of
505(b)(2) Applications
• 505(b)(2) NDA must include patent
certification(s).
• 505(b)(2) NDA must also list any relevant
patent(s).
• Same Paragraph IV challenge system as ANDAs,
EXCEPT, no 180-day exclusivity period.
• A 505(b)(2) product may itself qualify for 3 or 5
years of new drug exclusivity
12. www.duanemorris.com
Safe Harbor for ANDA R&D on Patent-
Protected RLD
• History: Court held “patent infringement” includes
precommercial testing of product
(flurazepam/Dalmane®)
(Roche v. Bolar, Federal Circuit, 1984)
• Waxman Hatch Act -- Overturned Roche v. Bolar –
– may make, use or sell a patented drug during the patent life
if solely for uses reasonably related to the development and
submission of information under a federal law which
regulates the manufacture, use or sale of drugs
13. www.duanemorris.com
Safe Harbor for ANDA R&D on Patent-
Protected RLD
• Safe Harbor -- applies to innovator and generic firms
(Bristol-Myers Squibb v. Rhone-Poulenc Rorer, S.D.N.Y. 2001, aff’d, 3rd
Circuit, 2003)
• “Reasonably Related” -- means having a decent prospect that the
“use” would generate the kind of information relevant to FDA
approval requirements
– Construed:
Intermedics v. Ventritex, N.D.Ca. 1991, aff’d, Federal Circuit, 1993 – clinical
trials on intermediates, yes
Medtronic v. Lohr, U.S. Supreme Court, 1996 – applies to medical devices
Integra Life Sciences v. Merck, U.S. Supreme Court, 2005 – preclinical
research to identify future candidate, yes
14. www.duanemorris.com
The Concept of the Listed Drug
• Required for ANDA Approval
• Generic must be the same as the RLD
• Before 1984 – Federal Register Notices Declared
DESI Drugs to be “Effective”
• Now Appear in FDA’s Orange Book, updated
monthly
17. www.duanemorris.com
Electronic Orange Book
• Search in 3 Databases
– Rx
– OTC
– Discontinued
Request FDA Determination that RLD Was Not Withdrawn
from the Market for Reasons of Safety or Efficacy
FDA Answers: Approved Discontinued Drug Products
Safety and Effectiveness Determinations
18. www.duanemorris.com
Bioequivalence
• Clinical Comparison of Generic and RLD
• No Significant Difference in the Rate and Extent
to which the Active Ingredient Becomes Available
at the Site of Drug Action
• Details in Next Lecture
19. www.duanemorris.com
Statutory Exclusivities Under
Waxman-Hatch
• New Chemical Entity (NCE) Exclusivity
– Prohibits the filing of an ANDA (or 505(b)(2) NDA) for
a product that contains the NCE for 5 years after
approval of the first NDA.
(4 years if ANDA includes a Paragraph IV challenge to
listed patent)
– NCE: "a drug that contains no active moiety that has
been approved by FDA in any other [NDA]."
20. www.duanemorris.com
Statutory Exclusivities …
• 3-Year Exclusivity
– Available for NDAs which contain:
Reports of "new" "clinical trials"
That were "essential to approval" of the NDA
Conducted or sponsored by the applicant
– FDA may not approve an ANDA or 505(b)(2) NDA for 3
years after approval
– Applies for new indications, Rx OTC switch, new
dosing regimen, and some other labeling changes.
21. www.duanemorris.com
Statutory Exclusivities -- Other
• Orphan Drug Exclusivity
– 7 year exclusivity
– Drugs for rare conditions (<200,000 people in U.S.)
• Pediatric Exclusivity
– 6-month extension of existing patent or Waxman-Hatch
exclusivity
• 180-day generic (ANDA) exclusivity
22. www.duanemorris.com
“180-Day” or “ANDA” Exclusivity
• Basics:
– First person to file an ANDA with a Paragraph IV
certification gets 180 days during which no other ANDA
can be approved for that drug
– Must either (a) not be sued by brand co. in 45-day period or
(b) prevail in litigation (or get favorable settlement)
– 180 days starts from earlier of:
Date of first commercial marketing (changed in 2003;
used to peg to a court decision as well)
23. www.duanemorris.com
FDA Amendments Act of 2007 (FDAAA)
• Post Labeling of RLD 21 days after approval
• Post Approval Package 30 days after approval
• Database For Authorized Generic Drugs
– FDA must publish a complete list on its Internet site of all
authorized generic drugs, updated quarterly
– Drug trade name, brand manufacturer, and date the
authorized generic drug entered the market
– Drugs marketed, sold, or distributed directly or indirectly to
retail class of trade with either labeling, packaging, product
code, labeler code, trade name, or trade mark that differs
from that of the RLD
24. www.duanemorris.com
FDA Amendments Act of 2007 (FDAAA)
• Clinical Trial Registry Databank
– Not required for blood-level bio studies
– May be required for clinical bio studies (e.g., topical dosage
forms) - controversial
• Citizen Petitions
– Shall not delay ANDA approvals unless necessary for
public health
– If delay, 30-day notice to ANDA applicant
– Denial permitted based on Petitioner’s intent to delay
– Certify that Info became known on XX date
25. www.duanemorris.com
OGD Statistics
25
Source: “Update on the Office of Generic Drugs,” by Robert Pollock,
Senior Advisor and Outside Director, Lachman Consultants, at Orange
County Regulatory Affairs Annual Conference, June 13, 2013.
2013 315 194 (5/31)
TOTAL 4,803 2,556
26. www.duanemorris.com
Backlog – Pending ANDAs
Source: “Generic Drug Submissions,” by Michael Swit, in Fundamentals of US
Regulatory Affairs, 8th Ed., Chapter 13, Regulatory Affairs Professionals
Society. 2013.26
27. www.duanemorris.com
Backlog – Median Approval Times
Source: “Generic Drug Submissions,” by Michael Swit, in Fundamentals of US
Regulatory Affairs, 8th Ed., Chapter 13, Regulatory Affairs Professionals
Society. 2013.27
28. www.duanemorris.com
Backlog – DMF Filings
28
Source: “Overview of GDUFA and Applications Under GDUFA,” by
Thomas Hinchliffe, Pharm.D., Special Assistant to Director, Office of
Generic Drugs, at FDA GDUFA and You Conference, June 12-13, 2013.
29. www.duanemorris.com
Inspections – Finished Dosage Form
29
Source: “Overview of GDUFA and Applications Under GDUFA,” by
Thomas Hinchliffe, Pharm.D., Special Assistant to Director, Office of
Generic Drugs, at FDA GDUFA and You Conference, June 12-13, 2013.
30. www.duanemorris.com
Inspections -- API
30
Source: “Overview of GDUFA and Applications Under GDUFA,” by
Thomas Hinchliffe, Pharm.D., Special Assistant to Director, Office of
Generic Drugs, at FDA GDUFA and You Conference, June 12-13, 2013.
31. www.duanemorris.com
What’s in a Name?
• Drug Price Competition and Patent Term
Restoration Act of 1984
• “Waxman-Hatch Act” – universally called that until
1994
• 1994 – Republicans take control of Congress – “Hatch-
Waxman Act”
• 2006 – Democrats take control of Congress
• So what do you call it now? – well, the first part of the
statutory name – Drug Price Competition – relates to
Waxman’s role; and the second part – Patent Term
Restoration – refers to Hatch’s role in pushing the 1984
compromise.