Eagle Will Be Last Firm To Bypass FDA's Orphan Drug Exclusivity Requirement

Court orders US FDA to award Bendeka seven years of exclusivity without requiring clinical superiority test; law codifying FDA policy passed prior to suit and is not retroactive.

Courthouse Pillars & Stairs

FDA lost a second legal battle over its orphan drug exclusivity policy. However, the outcome will not benefit other drugs in similar situations since legislation was enacted last year mandating a "clinical superiority test" for an orphan drug that is the "same" as a previously approved drug.

The US District Court for the District of Columbia ordered FDA to award Eagle Pharmaceuticals Inc.'s Bendeka (bendamustine) seven...

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