Appeals Court Decision Hurts Drug Research Incentives: FDA

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FDA says an 11th Circuit Court of Appeals 9/30/21 decision in Catalyst Pharms v. Becerra will adversely affect the incentives for research and development of medical products for rare diseases. In an online review of the decision, the agency says the court addressed the scope of orphan drug exclusivity and held that such exclusivity blocks approval of another company’s application for the same drug for the entire disease or condition for which the drug is granted orphan drug designation, regardless of whether the drug was approved only for a narrower use or indication.

The overview lists these impacts of the ruling: 

  •          the decision adverse resolves a statutory issue about the scope of orphan drug exclusivity;
  •          the decision implicates approval of drugs for rare diseases; and
  •          FDA expects that the court’s interpretation could adversely affect children, particularly the youngest pediatric populations, and other populations that are typically studied later in drug development.

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