Andrx Relinquishes 180-Day Exclusivity For Wellbutrin Generic, Ceding Ground To Eon

Law360, New York (March 23, 2004, 12:00 AM EST) -- Generic drug maker Andrx Corp. has relinquished its right to a 180-day period of marketing exclusivity for the 150mg strength of Wellbutrin SR(R), a best-selling antidepressant from GlaxoSmithKline.

Andrx had filed suit against rival generic maker Eon in Florida, arguing that it was the first-to-file an Abbreviated New Drug Application (ANDA) for Wellbutrin, and therefore entitled to the 180-day market exclusivity period provided by law.

Andrx claimed in the lawsuit that the FDA improperly granted approval of Eon's generic tablets.

Under Hatch-Waxman rules, the first company...
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