Eagle Pharmaceuticals, Inc. announced that the United States Patent and Trademark Office (USPTO) has granted U.S. Patent No. 9,144,568, which pertains to the use of the bendamustine hydrochloride (HCl) formulation administered in a 50 mL bag within ten minutes (the “rapid infusion” product). The patent issued today expires on March 15, 2033. This new patent, along with three previously issued Patents (Nos. 8,609,707, 9,000,021, and 9,034,908), further expands and protects Eagle’s bendamustine HCI intellectual property estate.
“Today’s patent issuance further strengthens our intellectual property for the bendamustine rapid infusion product, for which a New Drug Application (NDA) is currently under review by the U.S. Food and Drug Administration (FDA),” said Scott Tarriff, President and Chief Executive Officer of Eagle Pharmaceuticals. “We believe that approval of and subsequent launch by Teva of this important product, along with royalty payments earned on sales and the potential for additional milestone payments, will expedite Eagle’s ability to deliver long term, sustainable growth.”
The Prescription Drug User Fee Act (PDUFA) goal date for a decision on the NDA by the FDA is December 2015. The NDA requests FDA approval of the rapid infusion bendamustine HCl product for the treatment of patients with chronic lymphocytic leukemia (CLL) and patients with indolent B-cell non-Hodgkin lymphoma (NHL) that has progressed during or within six months of treatment with rituximab or a rituximab-containing regimen. The NDA for Eagle’s rapid infusion bendamustine product is supported by data from a clinical trial completed in November 2014, which demonstrated that the rapid infusion bendamustine HCl product can be administered in ten minutes in a low- volume, 50 mL admixture.
The rapid infusion product candidate has received Orphan Drug Designations for both CLL and indolent B-cell NHL, and therefore may be eligible for seven years of exclusivity upon approval.
In February 2015, Eagle and Teva Pharmaceutical Industries Ltd. entered into an exclusive license agreement for the rapid infusion bendamustine product. Teva will be responsible for all U.S. commercial activities for the product including promotion and distribution. Eagle has responsibility for obtaining all regulatory approvals, conducting post-approval clinical studies, if required, and initially supplying drug product to Teva.