European General Court

The next Future Pharma Forum will be on 27 September: Implications of Recent EU and UK Court Decisions in the Pharmaceutical Sector

Emily MacKenzie, Barrister at Brick Court Chambers, will join us to recap on how challenges to pharmaceutical decisions may be brought to the European and domestic courts. Emily will provide a summary of recent European Court and English Court decisions in the pharmaceutical area and we will explore the implications for pharmaceutical companies.

Topics

  • How to bring challenges to the European Court
  • The interplay of domestic proceedings
  • Summary of recent European Court decisions, including:
    • Shire on orphan market exclusivity and;
    • Astellas on the role of the Concerned Member State
  • Summary of recent English Court decisions, including Napp on the Article 10(3) hybrid-abridged procedure
  • Changes in the Notice to Applicants regarding RDP, including the “reverse combination” principle
  • The implications for pharmaceutical companies

More information can be found on our website, and you can sign up here. Hope to see you there!

On 22 March 2018, the European General Court handed down its judgment in Case T-80/16 Shire Pharmaceuticals Ireland v EMA.  Shire had sought annulment of the EMA’s decision refusing to validate its 2015 application for designation of its medicinal product Indursulfase-IT as an orphan medicinal product for the treatment of Hunter Syndrome. This decision is particularly important for innovator companies who invest in R&D for rare diseases, and will likely have an impact on incentivizing this type of research.

Background

In 2001, a Shire product containing the active substance idursulfase was designated as an orphan medicinal product for the treatment of Hunter Syndrome. This was followed in 2007 by the grant of a marketing authorisation for the medicinal product Elaprase, containing the active substance idursulfase, and administered as a solution for intravenous infusion. In parallel, Shire started developing another medicinal product containing the same active substance. However this product, Idursulfase-IT, could be delivered intrathecally, whereas Elaprase did not cross the blood-brain barrier. Intrathecal administration of the new product allowed treatment of cognitive disorders associated with a severe form of Hunter Syndrome.

Continue Reading Shire v EMA: European General Court provides clarification for designation of orphan medicinal products