Bayer Wants 30-Month Stay of Apotex ANDA
Bayer is petitioning FDA to confirm that it will stay final approval of an Apotex ANDA citing Bayer’s Astelin (azelastine HCl) nasal spray as the reference-listed drug until the expiration of the 30-month period beginning on the date Bayer received the Apotex Paragraph IV certification. The Bayer 4/5 petition says it is entitled to the 30-month stay of approval because it has met all three requirements for a stay stated in the law.
Bayer makes the point that its submission of patent information with the original NDA satisfies the third condition for eligibility for a stay regardless of whether Apotex submitted its original ANDA before Bayer submitted FDA-3542 following the agency’s approval of the Bayer NDA.