Appeals Court OKs Otsuka Abilify Suit Dismissal
The Court of Appeals for the District of Columbia has upheld a district court decision that FDA acted appropriately in approving Alkermes’ Aristada during a period of exclusivity for Otsuka’s Abilify Maintena. Otsuka had opposed the Alkermes application, saying approval would violate an ongoing period of marketing exclusivity for Abilify Maintena. Otsuka argued that both drugs ultimately metabolize in the body into the same molecule and that the Alkermes application relied in part on studies showing the safety and efficacy of an Abilify Maintena precursor.
FDA rejected Otsuka’s arguments, the appeals court decision says, relying on the fact that the two products have different active moieties. Otsuka sought judicial review of that decision arguing, among other things, that the agency’s same-moiety limitation on the scope of a drug’s marketing exclusivity conflicts with the Federal Food, Drug and Cosmetic Act. The appeals court said it agreed with the district court’s conclusion that the agency’s same-moiety test was a reasonable construction of the law and was consistent with agency regulations.