RG, Thanks, but I'm not sure this discussion of how to create a generic relates to the ANIP application for an sNDA for an NDA that it owns. We are not creating a generic, which is the ANDA process.
We own the NDA. For $75M I have to assume we were not left with the task to reverse engineer the molecule from scratch (as if we were creating a generic) but we must have been given technical know-how. I also have to assume we obtained samples of the molecule as produced by Merck so that we could demonstrate to FDA we were replicating what it had approved.
Are these fair assumptions? If so, the task for our sNDA is two-fold. (1) Prove that we are producing the same molecule as Merck and (2) demonstrate we can do that on a consistent basis. I am assuming that ANIP has concluded it has satisfied #1 and that establishing #2 was the hang-up. Otherwise, the resubmission would not have been so quick. If #1 is a problem, i.e., we are not the same as the Merck molecule, we could face the spectre of required safety testing for a new NDA. That's hopefully not going to happen, but replicating that molecule is critical for an sNDA piggybacked on the ancient Merck NDA.