Examples of First to File Exclusivity in a sentence
One means by which generics compete is by seeking Sole First to File Exclusivity.
Although Teva and other generics also filed ANDAs for generic atorvastatin calcium, it was generally believed in the industry that Ranbaxy was eligible to receive Sole First to File Exclusivity, and thus, a 180 day period during which it could sell its generic atorvastatin free from competition by other generic versions of the drug (except the authorized generic version that Pfizer had licensed to Watson).15.
Notwithstanding the foregoing, this Section 6.10.6 shall not apply to Ranbaxy solely with respect to Product in the event that and to the extent that Ranbaxy challenges an FDA final determination that Ranbaxy should not be awarded First to File Exclusivity for the Ranbaxy Product as specified in Section 2.8.2(i).
Ranbaxy’s Sole First to File Exclusivity for atorvastatin ended on May 29, 2012.
Each of the Parties agrees that it will not enter into any agreement(s) with another generic company containing a provision not to challenge or otherwise take any adverse action against another generic company’s Sole First to File Exclusivity for a drug that is intended or likely to be sold in New York State, unless reasonably ancillary to a procompetitive agreement.
In the event that there are any claims, actions, demands or suits by a third party, attempting to invalidate ALO's entitlement to First to File Exclusivity, Teva shall, upon the reasonable request and at the expense of ALO, assist ALO in defending such action, and provided ALO is not in breach of any of its material obligations hereunder, Teva shall not take any action that would invalidate ALO's entitlement to First to File Exclusivity.
From the documents on record and the sequence of events, it was quite clear that BP USA did not have any right to legally compel Ranbaxy to relinquish/selectively waive its First to File Exclusivity (“FFE”) rights in favour of BP USA by issuing a valid Ready Date Notice (which was issued on 23.11.2011) as the tentative approval was received by BP USA only on 1 December 2011.
It also did not contain any information from the VIGOR study, the most recent study of cardiovascular safety in rheumatoid arthritis patients.66 Instead, the card presented pooled data from clinical trials conducted prior to the drug’s approval in osteoarthritis patients.
It was acknowledged that Ranbaxy had filed ANDA No. 76477 and was eligible for First to File Exclusivity (FFE) rights for the product.
Neither ALO nor any of its Affiliates shall directly or indirectly, assign, transfer or otherwise encumber in any respect its First to File Exclusivity rights relating to any Product to any Person other than Teva (or a Teva Affiliate); provided, however, that the foregoing shall not apply to ALO Tablet Products if Teva exercises its option under Section 2.1(b)(iii) hereof.