Court Rejects Amgen Sensipar Exclusivity
The DC federal court says FDA has given an adequate rationale for granting pediatric exclusivity to Johnson & Johnson’s Ortho Tri-Cyclen (ethinyl estradiol and norgestimate) but denying it for Amgen’s Sensipar (cinacalcet hydrochloride). Amgen had sued FDA over the agency’s decision not to grant Sensipar pediatric exclusivity.
The court initially granted FDA summary judgment on all but Amgen’s claim that the denial of Sensipar exclusivity was inconsistent with the agency’s decision on Ortho Tri-Cyclen and thus arbitrary and capricious. It said FDA had failed to offer a reasonable explanation for why it reached a disparate outcome and remanded the case so the agency could explain.
“On remand,” the current decision says, “FDA reaffirmed its Sensipar decision and explained why, in its view, this result was consistent with its decision on Ortho Tri-Cyclen.”
The court granted FDA’s renewed motion for summary judgment based on its analysis that FDA had now offered a reasoned explanation for its different decisions. Basically, it said, FDA concluded that the Ortho Tri-Cyclen studies met the enrollment criteria in the written request at the time of the exclusivity decision, while the Sensipar studies did not. The court said Amgen’s disagreement with the FDA conclusions was not persuasive.