FDA Nixes Eagle Pharma Orphan Exclusivity Request

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FDA has denied an Eagle Pharmaceuticals request for seven years orphan drug exclusivity for Bendeka (bendamustine HCI), a liquid, low-volume (50 mL) 10-minute infusion for treating chronic lymphocytic leukemia (CLL) and indolent B-cell non-Hodgkin lymphoma (NHL) that has progressed during or within six months of treatment with rituximab or a rituximab-containing regimen. Eagle believes that the agency’s decision is incorrect, and that it was automatically entitled to orphan drug exclusivity for CLL and indolent B-cell NHL upon the drug’s 12/2015 approval.

Bendeka’s active ingredient was previously approved, and FDA currently requires sponsors of such orphan-designated drugs to make a “clinical superiority” demonstration as a condition to obtaining the seven-year exclusivity period upon approval (see earlier story). In 2014, DepoMed prevailed in federal court after challenging the agency’s application of this clinical superiority demonstration requirement to its orphan-designated drug product, Gralise. Eagle says the current rejection “closely mirrors” the decision in the DepoMed litigation, and it says it is “evaluating all options to obtain a reversal of the FDA’s Bendeka decision at this time.”

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