Amgen Sues FDA for Sensipar Pediatric Exclusivity
Amgen is suing FDA for not accepting its study reports and denying six months of pediatric exclusivity for its Sensipar (cinacalcet), a management treatment for patients suffering from hyperparathyroidism. An online Life Sciences Intellectual Property Review report says Amgen claims in its filing that FDA is required to accept a firm’s study reports and grant exclusivity as long as the studies “fairly respond” to the agency’s request.
“The studies need not demonstrate that the drugs are (or are not) actually safe and effective in children to warrant pediatric exclusivity, not must they be adequate to support a pediatric indication or the drug product’s labeling, nor must the studies even ‘fully respond’ to the written request,” the company says.
Amgen says that because its studies “fairly responded” to the FDA written request, the agency’s refusal to accept the study reports and its denial of pediatric exclusivity violate the Best Pharmaceuticals for Children Act. It asked the DC federal court to vacate the FDA decision to deny pediatric exclusivity and require FDA to accept the company study reports.