The Orange Book: Listings, De- Listings and Other Matters of Interest

October 16, 2025 3:30pm

Andrew Wasson
Partner
Haug Partners

Sara Koblitz
Director
Hyman, Phelps & McNamara PC

  • What is the Orange Book, what does it contain, and why is it orange?  
    • FDA’s publication on Approved Drug Products with Therapeutic Equivalence Evaluations
  • Understanding the role of Orange Book listings in patent life cycle management and patent portfolio management
  • Exploring the continuing dilemma of which patents should be listed, delisted, and held in reserve
  • Examining the FDA’s position on not listing a patent
  • Understanding the FTC’s new de-listing authority
  • Overcoming challenges associated with listing patented information in the product label and indications discovered in clinical testing
  • Incorporating long term patent listing strategies into label negotiations with FDA
  • Examining the skinny labeling and carve–out conundrum
  • Assessing the scope of potential Orange Book listing controversies relative to:  
    • Device patents
    • Product-by-process claims
    • Metabolites; polymorphs; intermediates
    • Patents on unapproved uses