Avadel Sues FDA Over Lumryz NDA Delay
Avadel CNS Pharmaceuticals is suing FDA and HHS over an agency decision to require a patent statement for the company’s Lumryz NDA. The suit, filed in DC federal court, gives four reasons why FDA erred in requiring Avadel to file the statement for its REMS computerized system that FDA said affected a Jazz Pharmaceuticals REMS-related patent for its Xyrem and Xywav.
Avadel says that after it filed the patent statement, Jazz sued for patent infringement, triggering a 30-month delay in the Avadel application. The suit says Avadel would have secured FDA approval promptly were it not for the patent controversy.
The suit asks the court to throw out the FDA patent statement requirement and order it to act on the NDA within 14 days.