US court denies preliminary injunction application against the FDA and dismisses AstraZeneca’s lawsuit without prejudice

Monday, 26 March 2012

On 23 March 2012, the US District Court for the District of Columbia issued an opinion and order in AstraZeneca’s lawsuit against the US Food and Drug Administration (FDA) regarding final marketing approval of generic quetiapine. The Court denied the company’s request for a preliminary injunction and dismissed the lawsuit without prejudice.

Notwithstanding the Court’s decision, the company continues to believe strongly in the merits of its position and is evaluating its options.


About the lawsuit and the Citizen Petitions

On 12 March 2012, AstraZeneca filed a lawsuit against the FDA to overturn the FDA’s denial on 7 March 2012 of the company’s Citizen Petitions with regard to SEROQUEL® (quetiapine fumarate) tablets and SEROQUEL XR® (quetiapine fumarate) extended release tablets.

In its lawsuit, AstraZeneca sought an injunction barring the FDA from granting final marketing approval of generic quetiapine until 2 December 2012 when regulatory exclusivity expires on important clinical trial data, or, alternatively, at least until a federal court had a meaningful opportunity to review imminent FDA action regarding the pending generic marketing applications.

On 9 September 2011 AstraZeneca filed a Citizen Petition with the US Food and Drug Administration (FDA) for each of SEROQUEL and SEROQUEL XR, requesting the FDA withhold finally approving any generic quetiapine product that omits from its labelling certain hyperglycaemia and suicidality warning language that FDA required AstraZeneca to include in the labelling for SEROQUEL and SEROQUEL XR. Data associated with the hyperglycaemia warning language at issue is protected by marketing exclusivity periods expiring as late as 2 December 2012. In the Citizen Petitions, AstraZeneca raised important issues regarding labelling requirements for generic copies of innovative medicines, as well as data exclusivity rights granted to innovative companies that conduct new clinical trials.

About AstraZeneca

AstraZeneca is a global, innovation-driven biopharmaceutical business with a primary focus on the discovery, development and commercialisation of prescription medicines for gastrointestinal, cardiovascular, neuroscience, respiratory and inflammation, oncology and infectious disease. AstraZeneca operates in over 100 countries and its innovative medicines are used by millions of patients worldwide. For more information please visit:


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