Drugmaker Says 11th Circ. Ruling Based On 'Straw Man'

By Morgan Conley (November 17, 2021, 7:57 PM EST) -- The maker of a drug for pediatric patients with a rare autoimmune disease told the Eleventh Circuit it must reconsider a panel ruling in favor of its rival Catalyst Pharmaceuticals Inc. en banc, arguing the panel "constructed a straw man" that misconstrues what was really in dispute.

Jacobus Pharmaceutical Co. Inc. is fighting for reconsideration of the appeals court's September decision that found the U.S. Food and Drug Administration unlawfully infringed on an exclusivity period it awarded Catalyst for a drug that treats the disease when it approved Jacobus' drug Ruzurgi. Jacobus, which intervened in the dispute, argued in a motion Monday...

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