Actually, NVS/MNTA’s Copaxone ANDA becomes actionable in about three weeks, when the Hatch-Waxman 30-month stay expires. From that point on, the FDA can issue a final approval for the ANDA, not just a tentative approval.
Are there examples where FDA approved a generic while the patent litigation continued?
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There are times when rules and precedents cannot be broken; others when they cannot be adhered to with safety. (Thomas Joplin)