Court Nixes Restraining Order Request in Entresto Suit

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The Washington DC District Court has denied a Novartis motion for a temporary restraining order or a preliminary injunction to stay FDA’s approval of MSN Laboratories’ generic version of Novartis’s Entresto (sacubitril/valsartan), indicated for reducing the risk of cardiovascular death and hospitalization in adult patients with chronic heart failure.

Novartis last month (see story) filed a lawsuit against FDA to reverse the generic’s approval, arguing that the agency’s conduct in approving the product and denying two citizen petitions submitted by Novartis was unlawful. “FDA has asserted that it may approve generic labeling that inappropriately rewrites Entresto’s approved indication and reverts to a superseded indication in an effort to avoid Novartis’s patents,” the lawsuit says. By doing this, Novartis says the agency violated its implementing regulations, which provide that generic labeling may omit an indication that is subject to patent rights, but not add wording or make other changes to an indication remaining in the labeling.

In seeking the temporary restraining order while the case advances, Novartis offered three theories of irreparable harm, but the court said “none of them rise to such imminence and severity as to meet this circuit’s ‘high bar’ for the ‘extraordinary remedy’ of preliminary injunctive relief.” It added that the court has committed to “resolving the merits of this action on an expedited basis — within the next 60 days or less — so any harm that Novartis purports to suffer will be short-lived.”

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