Appeals Court Reverses Catalyst Firdapse Loss to FDA

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The 11th Circuit Court of Appeals has overturned a Florida federal court decision granting summary judgment to FDA and Jacobus Pharmaceutical and dismissing Catalyst Pharmaceuticals’ case involving orphan drug exclusivity for its Firdapse (amifampridine) to treat Lambert-Eaton myasthenic syndrome (LEMS). Catalyst had challenged FDA’s approval of Jacobus’ Ruzurgi (amifampridine) for orphan drug status due to the agency’s earlier approval of Firdapse for orphan drug exclusivity.

A magistrate judge had recommended that the language in the Orphan Drug Act was ambiguous and that FDA’s interpretation of that language and of the labeling requirement that led to the Jacobus drug being approved was reasonable.

But the appeals court held that the lower court erred in accepting the magistrate judge’s recommendation that the statutory language was ambiguous. It remanded the case to the district court with an order that it vacate the summary judgment in favor of FDA and Jacobus and enter summary judgment in favor of Catalyst.

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