Teva Wants to Intervene in Amgen Sensipar Case
Teva and its Barr Laboratories and Watson Laboratories subsidiaries are asking the DC federal court for permission to intervene in Amgen’s suit against FDA over the agency’s refusal to grant the company pediatric exclusivity for its Sensipar (cinacalcet hydrochloride). The generic companies argue that Amgen’s suit, which has been put on hold by the court, “is attempting to delay FDA’s ability to grant final approval to Teva, Barr, and Watson by securing pediatric exclusivity for Sensipar.”
The filing notes that FDA rejected Amgen’s pediatric study reports because the company did not “fairly respond” to the agency study request. It argues that Amgen thus is not eligible for pediatric exclusivity patent extensions. “In this lawsuit, Amgen seeks to reverse FDA’s expert decision; if successful, the action would delay the proposed intervenors’ ability to secure final approval to market generic versions of Sensipar by adding a six-month marketing exclusivity to the end of the terms of its Orange Book patents,” Teva and its subsidiaries say. “Because the relief that Amgen seeks would interfere with the proposed intervenors’ legally protected interest to market generic versions to compete with Sensipar, this court should grant their timely motion to intervene….” The filing says that Amgen does not object to the Teva motion.
In June, the district court put the suit on hold while Amgen sought a resolution through the FDA formal dispute resolution process.