D.C. Federal Court Backs ‘Carve-Out’ Label

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The D.C. federal court has rejected a Novartis suit challenging FDA’s approval of MSN’s ANDA for a generic version of Entresto (sacubitril /valsartan) with a carve-out of a patent-protected use. Attorney Sara Koblitz (Hyman, Phelps & McNamara) says MSN carved out a modified dosing regimen for patients not taking other heart failure drugs.

Novartis argued that the carve-out was improper, she says, as it both rendered the product less safe and effective than the reference-listed drug and impermissibly added words to the indication statement rather than simply omitting words as permitted by law.

It asked the court to resolve two questions: whether FDA-approved labeling for generic Entresto impermissibly deviated from the Entresto label and whether FDA unreasonably concluded that the generic drug had the same active ingredients as Entresto.

In rejecting Novartis’ claims, the court relied on FDA’s scientific expertise in determining how best to consider the ANDA labeling.

Koblitz concludes that Novartis gave the court “no reason to question FDA’s expert judgment regarding these scientific issues.”

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