Novartis Wants Restrictions on Entresto ANDAs
Novartis is petitioning FDA to take specified actions on any ANDAs citing its heart failure drug Entresto (sacubitril and valsartan) oral tablets as the reference-listed drug. The 9/12 petition asks that FDA:
- refrain from approving any ANDA referencing Entresto during the three-year exclusivity period covering labeling changes approved in a 2/2021 supplement, including any ANDA that seeks to add language to or otherwise revise the existing indication statement to omit the exclusivity-protected use;
- refrain from approving any ANDA for Entresto until the expiration of the HFpEF (preserved ejection fraction) patents if the ANDA contains a Section viii statement to the patents and seeks to omit the patent-protected use of the HFpEF patents; and
- refrain from approving any ANDA for Entresto until the expiration of the ’667 patent if the ANDA contains a Section viii statement and seeks to omit the modified dosing regimen for HFpEF patients not taking an ACE inhibitor or ARB, or who were previously taking low doses of those agents.
Novartis says it believes at least 18 sponsors have submitted ANDAs seeking approval of a generic Entresto and it initiated timely patent litigation against them. “One or more of the ANDA applicants may seek approval during the three-year exclusivity period by proposing to omit the exclusivity-protected conditions of approval derived from the PARAGON-HF trial. These generic applicants may also seek to submit a Section viii statement to the three HFpEF patents along with a proposal to omit the labeling information claimed by these patents. In particular, one or more ANDA applicants may seek approval for an indication that omits the expanded patient population approved in 2/2021, which includes HFpEF patients, in favor of an indication statement limited to HFpEF patients…. FDA should refrain from approving such an ANDA product.”