Teva Says Copaxone Should Have a BLA
Teva is suing FDA in DC federal court over the agency’s refusal to transition the company’s Copaxone (glatiramer acetate) from an NDA to a BLA on 3/20 as required under the Biologics Price Competition and Innovation Act (BPCIA). The suit says that Copaxone is a leading drug used to treat multiple sclerosis and meets the definition of a “biological product.”
“Because Copaxone is now an eligible ‘biological product,’ the BPCIA required FDA to convert Teva’s approved NDA for Copaxone into a biological-product license by 3/23,” the suit says. “The BPCIA provides FDA with no discretion in the matter. It says an approved NDA for a biological product ‘shall be deemed to be a license for the biological product.’”
Teva says that the agency’s refusal to transition the NDA to a BLA is arbitrary, capricious, and contrary to law and should be set aside under the Administrative Procedure Act.
The company asks the court for an order holding the agency’s action to be unlawful and vacating and setting it aside. It also seeks a court declaration that Copaxone is a biological product under the BPCIA and that the approved NDA is deemed to be a biological license. It further seeks an injunction ordering FDA to take all steps necessary to effect the conversion of the approved Copaxone NDA into a deemed license and to place Copaxone on the final list of approved NDAs for biological products that will be deemed to be BLAs. Finally, it asks the court to award it its costs in pursuing the action and any other relief deemed just and proper.