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DEPARTMENT OF HEALTH & HUMAN SERVICES
`
`
`
`Food and Drug Administration
`
`Silver Spring, MD 20993
`
`
`
`ANDA 090218
`
`
`Sandoz, Inc.
`
` 2555 West Midway Blvd.
`
`
`Broomfield, CO 80038
`
`Jean Domenico
`
`Attention:
`
`Associate Director, Regulatory Affairs
`
`Dear Madam:
`
`This is in reference to your abbreviated new drug application (ANDA) dated December 27, 2007,
`
`submitted pursuant to section 505(j) of the Federal Food, Drug, and Cosmetic Act (the Act), for
`Glatopa (Glatiramer Acetate) Injection, 20 mg/mL, 1 mL prefilled syringe.
`
`Reference is also made to the Complete Response letter issued by this office on August 19, 2014,
`and to your amendments dated October 1 and November 17, 2014.
`
`We have completed the review of this ANDA and have concluded that adequate information has
`
`
`been presented to demonstrate that the drug is safe and effective for use as recommended in the
`
`submitted labeling. Accordingly the ANDA is approved, effective on the date of this letter.
`
`The Office of Generic Drugs has determined your Glatopa (Glatiramer Acetate) Injection,
`
`
`
`
`
`20 mg/mL, 1 mL prefilled syringe meets the standards for approval (including those for active
`ingredient sameness and bioequivalence) and, therefore, is therapeutically equivalent to the
`
`reference listed drug product (RLD), Copaxone® (Glatiramer Acetate) Injection, 20 mg/mL,
`
`
`
`1 mL prefilled syringe, of Teva Pharmaceuticals USA.
`
`
`
`
`
`Under section 506A of the Act, certain changes in the conditions described in this ANDA require
`an approved supplemental application before the change may be made.
`
`
`
`
`Please note that if FDA requires a Risk Evaluation & Mitigation Strategy (REMS) for a listed
`drug, an ANDA citing that listed drug also will be required to have a REMS. See section 505­
`1(i) of the Act.
`
`Postmarketing reporting requirements for this ANDA are set forth in 21 CFR 314.80-81 and
`
`
`314.98. The Office of Generic Drugs should be advised of any change in the marketing status of
`this drug.
`
`
`Promotional materials may be submitted to FDA for comment prior to publication or
`
`
`dissemination. Please note that these submissions are voluntary. If you desire comments on
`
`proposed launch promotional materials with respect to compliance with applicable regulatory
`
`Biogen Exhibit 2161
`Mylan v. Biogen
`IPR 2018-01403
`
`Page 1 of 3
`
`

`

`requirements, we recommend you submit, in draft or mock-up form, two copies of both the
`
` promotional materials and package insert(s) directly to:
`
`Food and Drug Administration
`Center for Drug Evaluation and Research
`Office of Prescription Drug Promotion
`5901-B Ammendale Road
`
`Beltsville, MD 20705
`
`We call your attention to 21 CFR 314.81(b)(3) which requires that all promotional materials be
`
`submitted to the Office of Prescription Drug Promotion with a completed Form FDA 2253 at the
`time of their initial use.
`
`You have been requested to provide information after the drug application has been approved.
`
`
`Any information submitted to meet the conditions requested in this letter is considered a “Post
`Approval Commitment Response”. To alert the Office of Generic Drug staff to the fact that you
`
`are providing post approval commitment information, please designate your submission in your
`
`cover letter as “POST APPROVAL COMMITMENT RESPONSE”.
`
`The Generic Drug User Fee Amendments of 2012 (GDUFA) (Public Law 112-144, Title III)
`
`established certain provisions with respect to self-identification of facilities and payment of
`
`annual facility fees. Your ANDA identifies at least one facility that is subject to the self-
`identification requirement and payment of an annual facility fee. Self-identification must occur
`
`by June 1 of each year for the next fiscal year. Facility fees must be paid each year by the date
`
`specified in the Federal Register notice announcing facility fee amounts. All finished dosage
`
`
`
`forms (FDFs) or active pharmaceutical ingredients (APIs) manufactured in a facility that has not
`
`
`met its obligations to self-identify or to pay fees when they are due will be deemed misbranded.
`
`
`
`
`This means that it will be a violation of federal law to ship these products in interstate commerce
`
`
`or to import them into the United States. Such violations can result in prosecution of those
`
`responsible, injunctions, or seizures of misbranded products. Products misbranded because of
`failure to self-identify or pay facility fees are subject to being denied entry into the United
`
`
`
`States.
`
`As soon as possible, but no later than 14 days from the date of this letter, submit, using the FDA
`
`automated drug registration and listing system (eLIST), the content of labeling [21 CFR
`314.50(l)] in structured product labeling (SPL) format, as described at
`
`http://www.fda.gov/ForIndustry/DataStandards/StructuredProductLabeling/default.htm,
`
`that is identical in content to the approved labeling (including the package insert, and any patient
`package insert and/or Medication Guide that may be required). Information on submitting SPL
`
`
`files using eLIST may be found in the guidance for industry titled “SPL Standard for Content of
`
`
`
`Labeling Technical Qs and As” at
`
`Page 2 of 3
`
`Page 2 of 3
`
`

`

`http://www.fda.gov/downloads/DrugsGuidanceComplianceRegulatoryInformation/Guidances/U
`CM072392.pdf.
`
`The SPL will be accessible via publicly available labeling repositories.
`
`Digitally signed by William P. Rickman -S
`
`DN: c=US, o=U.S. Government, ou=HHS, ou=FDA, ou=People,
`
`0.9.2342.19200300.100.1.1=1300043242, cn=William P. Rickman -S
`
`Date: 2015.04.16 11:11:36 -04'00'
`
`
`Sincerely yours,
`William P.
`Rickman -S
`Carol A. Holquist, RPh
`Acting Deputy Director
`Office of Regulatory Operations
`Office of Generic Drugs
`
`Center for Drug Evaluation and Research
`
`Page 3 of 3
`
`Page 3 of 3
`
`

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