Category: 30-Month Stay

  • As readers of this blog surely known, parties seeking to launch a generic drug must address the patents listed in the Orange Book for the reference listed drug. Listing of a patent in the Orange Book is a powerful tool for pharmaceutical patent owners, as it gives the right to an automatic 30 month stay…

  • Endo Pharmaceuticals v. Mylan, No. 11-220-GMS (D. Del.) In an opinion filed on Monday, the U.S. District Court for the District of Delaware granted leave to Endo Pharmaceuticals to file an amended complaint to correct a defective initial complaint.  In doing so, the court found that Endo's first complaint, while defective, properly triggered a statutory thirty-month…

  • "The MMA generally precludes multiple 30-month stays for those applications to which it applies."  That is a statement from the FDA in a draft guidance document entitled "Listed Drugs, 30-Month Stays, and Approval of ANDAs and 505(b)(2) Applications Under Hatch-Waxman, as Amended by the Medicare Prescription Drug, Improvement and Modernization Act of 2003," published in October…