Section 360b - New animal drugs

2 Citing briefs

  1. Lannett Company, Inc. et al v. United States Food And Drug Administration et al

    MOTION for Summary Judgment and Memorandum in Support of Motion for Summary Judgment

    Filed February 3, 2017

    Case 1:16-cv-01350-RBW Document 34 Filed 02/03/17 Page 49 of 61 37 The foregoing statutory provisions are fully consistent with others that expressly require a hearing in connection with restrictions upon, or withdrawal of, drug approvals โ€” even for the most serious regulatory compliance concerns. See 21 U.S.C. ยง 335c(a)(1), 335c(b) (hearing required before withdrawing ANDA approval on the ground that it was โ€œobtained, expedited, or otherwise facilitated through bribery, payment of an illegal gratuity, or fraud or material false statementโ€); 21 U.S.C. ยง 355(e) (hearing required in connection with suspension of drug approval on the ground that there is an โ€œimminent hazard to the public healthโ€); 21 U.S.C. ยง 360b(e) (hearing required in connection with suspension of animal drug approval on the ground that there is an โ€œimminent hazard to the health of man or of the animals for which such drug is intendedโ€). 3.

  2. Simonian v. Merial L.L.C. et al

    MEMORANDUM

    Filed April 30, 2010

    - consult the Green Book and include in its abbreviated new animal drug application (โ€œANADAโ€) a certification regarding any listed patent on which it is basing its ANADA (indicating whether the patent is still in effect or expired). See, e.g., 21 U.S.C. ยง 360b(n)(1)(H). In Merialโ€™s case, the Green Book explicitly disclosed the expiration date of the โ€˜569 Patent when the patent issued, and it tracked all changes in the patentโ€™s expiration date as the law changed and as patent owner Merck sought various patent term extensions for the patent.