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