FDA Now Says Stribild Eligible for 5-Year NCE Exclusivity
FDA says that to minimize the possibility of further legal challenge, it has determined that in accordance with the DC federal court holding in Ferring Pharmaceuticals v. Burwell, Gilead’s Stribild (cobicistat; elvitegravir; tenofovir disoproxil fumarate) is eligible for five-year new chemical entity (NCE) exclusivity because it contains cobicistat and elvitegravir, two active ingredients not present in any NDA approved by FDA before the NDA approval for Stribild. Stribild is a fixed-combination drug product that at the time of its 2012 approval was denied five-year exclusivity and granted three-year exclusivity because of agency policy interpretations at that time.
In its petition response, FDA said that by previous agency action it had granted Gilead’s requests that it:
- determine that Stribild is eligible for five-year NCE exclusivity;
- extend five-year exclusivity under the agency’s “umbrella policy” to drug products containing cobicistat and elvitegravir, specifically Tybost (cobicistat) and Vitekta (elvitegravir); and
- withdraw receipt of any ANDA received by FDA before 8/27/16 that references a drug containing elvitegravir or cobicistat as a reference-listed drug, including Mylan’s ANDA that names Tybost as the reference-listed drug.
The letter says the exclusivity period for Stribild and the drugs covered under the umbrella policy expires 8/27.