FTC Takes Issue with Jazz Orange Book Listing
The Federal Trade Commission has filed an amicus brief with the Delaware federal court in the case of Jazz Pharmaceuticals v. Avadel CNS Pharmaceuticals, taking issue with a Jazz patent for Xyrem (sodium oxybate) listed in FDA’s Orange Book that it says improperly blocks generic competition. The brief discusses the harm to consumers when a brand company improperly lists a patent on a REMS distribution plan for and thereby blocks the introduction of lower-cost generic medications or other follow-on competition.
The FTC brief further addresses how the Orange Book listing process can be abused by companies. To the extent the patent only covers Jazz’s REMS system for drug distribution and not a method-of-use patent, it argues that it should be delisted.