Best Practices for Utilizing FDA’s Citizen Petition Process: Brand and Generic Recommendations for Achieving Market Access and Petitions for Reconsideration

October 25, 2023 9:15am

Ryan Kaat
Assistant General Counsel
PhRMA

Sara W. Koblitz
Director
Hyman, Phelps & McNamara PC

In this session, panelists will demystify the 505(q) Citizens Petition process, equipping Hatch-Waxman litigators with the knowledge and tools to effectively utilize this valuable regulatory tool.

Topics of discussion will include:

  • Leveraging 505(q) Citizens Petitions as a strategic tool in Hatch-Waxman litigation
    • Examining how 505(q) petitions have impacted FDA drug approvals
    • Understanding of the petition process, including the nuances of drafting, submission, and navigating potential challenges
  • Understanding the criteria FDA considers when evaluating a petition
    • How does FDA determine the petition’s primary purpose was to delay?
  • Analyzing market exclusivities to be addressed in the petition
  • Detailing what should be included and what the process entails
  • Taking stock of recent decisions involving Citizens Petitions
  • Best practices for the reconsideration process and litigation