Alvogen Suing FDA Over Generic Belbuca Exclusivity
Alvogen has filed suit in DC federal court asking it to order FDA to approve the firm’s ANDA for buprenorphine film in several strengths and to determine that Teva has forfeited any entitlement to 180-day marketing exclusivity for its buprenorphine film ANDAs. The suit says Alvogen submitted its ANDA for a generic form of BioDelivery Sciences’ Belbuca (buprenorphine film) 5/23/18 and received tentative FDA approval 6/12/19. At the time, Alvogen says, the agency said it delayed final approval of the ANDA because of a 30-month stay on the company’s ANDA in place at that time.
“In anticipation of the 30-month stay’s expiration, Alvogen requested final approval of its ANDA on 1/30,” the suit says. “Alvogen expected to receive final approval because publicly available information indicated that Teva Pharmaceuticals, the first applicant to submit purportedly substantially complete ANDAs for buprenorphine buccal film and containing a Paragraph 4 certification must have forfeited exclusivity.”
However, the suit says, FDA sent another tentative approval letter 2/4 citing “exclusivity issues” as a reason for maintaining tentative approval. “According to FDA,” the suit says, “Alvogen’s ANDA is not eligible to receive final approval until the date that is 180 days after Teva begins commercial marketing of its ANDA product.”
Alvogen maintains that Teva forfeited its right to 180 days of exclusivity for at least two reasons — failing to obtain approval of its ANDAs within 30 months of submission and failing to maintain its Paragraph 4 certification.
The company says FDA is denying it the opportunity to gain significant customers that otherwise would be available to it and also says it has made a significant investment in its generic product on the expectation that it would receive final approval 1/30.