US COURT DENIES PRELIMINARY INJUNCTION APPLICATION AGAINST THE FDA AND DISMISSES ASTRAZENECA’S LAWSUIT WITHOUT PREJUDICE


US COURT DENIES PRELIMINARY INJUNCTION APPLICATION AGAINST THE FDA AND DISMISSES
ASTRAZENECA’S LAWSUIT WITHOUT PREJUDICE

 

26 March 2012

On 23 March 2012, the US District Court for the District of Columbia issued an
opinion and order in AstraZeneca’s lawsuit against the US Food and Drug
Administration (FDA) regarding final marketing approval of generic quetiapine.
The Court denied the company’s request for a preliminary injunction and
dismissed the lawsuit without prejudice.

Notwithstanding the Court’s decision, the company continues to believe strongly
in the merits of its position and is evaluating its options.

– ENDS –

NOTES TO EDITORS

About the lawsuit and the Citizen Petitions

On 12 March 2012, AstraZeneca filed a lawsuit against the FDA to overturn the
FDA’s denial on 7 March 2012 of the company’s Citizen Petitions with regard to
SEROQUEL® (quetiapine fumarate) tablets and SEROQUEL XR® (quetiapine fumarate)
extended release tablets. 

In its lawsuit, AstraZeneca sought an injunction barring the FDA from granting
final marketing approval of generic quetiapine until 2 December 2012 when
regulatory exclusivity expires on important clinical trial data, or,
alternatively, at least until a federal court had a meaningful opportunity to
review imminent FDA action regarding the pending generic marketing applications.

On 9 September 2011 AstraZeneca filed a Citizen Petition with the US Food and
Drug Administration (FDA) for each of SEROQUEL and SEROQUEL XR, requesting the
FDA withhold finally approving any generic quetiapine product that omits from
its labelling certain hyperglycaemia and suicidality warning language that FDA
required AstraZeneca to include in the labelling for SEROQUEL and SEROQUEL XR.
Data associated with the hyperglycaemia warning language at issue is protected
by marketing exclusivity periods expiring as late as 2 December 2012. In the
Citizen Petitions, AstraZeneca raised important issues regarding labelling
requirements for generic copies of innovative medicines, as well as data
exclusivity rights granted to innovative companies that conduct new clinical
trials.

About AstraZeneca

AstraZeneca is a global, innovation-driven biopharmaceutical business with a
primary focus on the discovery, development and commercialisation of
prescription medicines for gastrointestinal, cardiovascular, neuroscience,
respiratory and inflammation, oncology and infectious disease. AstraZeneca
operates in over 100 countries and its innovative medicines are used by millions
of patients worldwide. For more information please visit: www.astrazeneca.com.

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