FDA Wins Pradaxa Application Date Case
The DC federal court has granted FDA summary judgment in a case brought by Boehringer Ingelheim involving a dispute over the agency’s interpretation of the legal reference to the date that a drug application is initially submitted for an approved drug product. The company brought suit to resolve the dispute with FDA over its Pradaxa.
The court noted that the underlying facts of the case are complex and the related science even more so. On the narrow legal issue, it said, BI contended that the agency’s action violated the law and its own regulations and that FDA acted arbitrarily and capriciously because its actions were inconsistent with prior agency practice. FDA argued that its interpretation of the law should be given deference and was reasonable and consistent with the language of the law and not arbitrary or capricious.
BI said that the Pradaxa application should be seen as submitted on 12/15/09 rather than on 4/19/10 as the agency determined. But the court found that the agency interpretation of the legal language is due deference, that the interpretation was reasonable, that FDA reasonably applied its interpretation, and that FDA did not act arbitrarily or capriciously. It thus dismissed the case in its entirety.