Item 8.01 Other Events
On February 15, 2022, La Jolla Pharmaceutical Company (the "Company") received a
paragraph IV notice of certification (the "Notice Letter") from Gland Pharma
Limited ("Gland") advising that Gland has submitted an Abbreviated New Drug
Application ("ANDA") to the U.S. Food and Drug Administration ("FDA") seeking
approval to manufacture, use or sell a generic version of GIAPREZA® (angiotensin
II) in the U.S. prior to the expiration of the following U.S. Patent Nos.:
9,220,745; 9,572,856; 9,867,863; 10,028,995; 10,335,451; 10,493,124; 10,500,247;
10,548,943; 11,096,983; and 11,219,662 (the "GIAPREZA Patents"), which are
listed in the FDA's Approved Drug Products with Therapeutic Equivalence
Evaluations (the "Orange Book"). The Notice Letter alleges that the GIAPREZA
Patents are invalid, unenforceable and/or will not be infringed by the
commercial manufacture, use or sale of the generic product described in Gland's
ANDA.
The Company intends to vigorously defend its intellectual property rights
protecting GIAPREZA. In accordance with the Hatch-Waxman Act, because GIAPREZA
is a new chemical entity, should the Company file a patent infringement lawsuit
within 45 days of receipt of the Notice Letter, the FDA cannot approve Gland's
ANDA any earlier than 7.5 years from the approval of the GIAPREZA NDA unless a
District Court finds that all of the asserted claims of the patents-in-suit are
invalid, unenforceable and/or not infringed.
Item 9.01 Financial Statements and Exhibits
(d) Exhibits
Exhibit
No. Description
104 Cover Page Interactive Data File (embedded within the Inline XBRL document)
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