Depomed Orange Book Listing ‘Uninterpretable’ by FDA

Share

Responding to a Depomed 1/29 citizen petition, FDA says that it must deny the petition at this time because it cannot interpret contradictory information on a patent use code for the company’s Nucynta ER (tapentadol). The petition asked the agency to stay final approval of any ANDA referencing Nucynta ER that fails to submit a patent certification for the ’130 patent.

The response says that FDA must deny the petition “because the information you placed before the agency makes your patent use code for ’130 patent uninterpretable. Based on statements in your petition, FDA believes that Depomed might misunderstand FDA’s regulations and practice regarding appropriate use codes.”

FDA says that Depomed’s inconsistent statements about the approved methods of using Nucynta ER claimed by the patent render its use code uninterpretable. Further, it says the use codes submitted for the ’130 patent currently are associated only with FDA’s approval of an NDA supplement and not to the drug’s first indication.

“We recommend that Depomed evaluate its use code for the ’130 patent in light of the conflicting record before the agency regarding the ’130 patent and in light of this response,” FDA concludes. “If Depomed does not submit a new patent declaration form (FDA-3542) for the ’130 patent with the signed certification statement within 15 calendar days from the date of this response letter, FDA will revert to the last interpretable use code for the ’130 patent submitted for Nucynta ER, which is the use code submitted prior to Depomed’s 9/2015 amendment.”

Read more