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DewDiligence

07/06/16 7:33 PM

#15671 RE: biotech_researcher #15667

The 180-day notice period will delay the launch of FoBs for older biologics, where the 12-year exclusivity period has already expired. However, for FoBs of newer biologics, where the 12-year exclusivity period has not expired, the 180-day notice period will have no effect; this is because the FoB sponsor can provide notice upon receiving tentative FDA approval (i.e. approval to launch pending the expiration of the 12-year exclusivity period) rather than waiting until receiving final FDA approval.