Recognize Auryxia Regulatory Exclusivity: Keryx Petition

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Keryx Biopharmaceuticals is asking FDA to recognize regulatory exclusivity for its Auryxia (ferric citrate) oral tablets containing “a novel mixture of covalent metal-ion complexes as its active moiety.” The company’s petition says that although the agency approved Auryxia nearly four years ago, it still has not made a determination about whether it should receive new chemical entity (NCE) exclusivity. And, the petition says, FDA also has not stated that Auryxia received three-year exclusivity for a new indication, even though the indication was supported with new clinical data.

The petition asks that FDA: 

  •          recognize that Auryxia earned five-year NCE exclusivity based on its novel active moiety;
  •          recognize that Auryxia earned three years of exclusivity based on the approval of a new indication in 2017 for treating iron deficiency anemia in patients with non-dialysis dependent chronic kidney disease;
  •          require that ANDAs referencing Auryxia be supported with (1) comparative physio-chemical data demonstrating active pharmaceutical ingredient (API) sameness with Auryxia based on a qualitative and quantitative match regarding major ions and counterions and (2) in vivo bioequivalence data to address the drug’s systemic effects; and
  •          revise the agency’s product-specific guidance about ferric citrate oral tablets to recommend that bioequivalence be established with an in vivo study and that API sameness be established based on a qualitative and quantitative match with regard to the major ions and counterions.

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