Scrub-a-Dub-Dub: FTC is Cleansing the Orange Book of Device Patents
FDA Law Blog: Biosimilars
JUNE 13, 2024
FTC, deep in its foray into the Orange Book, filed an Amicus Brief in the case arguing that the patents do not claim any FDA-approved drug. While the relevant regulation defines “drug product” as the “finished dosage form,” which theoretically includes the delivery device, the Court again falls back on the wording in 21 C.F.R.
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