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MOVERS AND SHAKERS
A PHARMA MATTERS REPORT.
April-June 2010




                       The Thomson Reuters quarterly report on the US generics
                       industry using strategic intelligence and competitive analysis
                       information from Newport Premium™, the critical product
                       targeting and global business development system from
                       the industry authority on the global generics market.
In this quarterly report, we look at a few of the companies
                                      beginning to make their marks on the US generics market either
                                      with their finished dose products or active ingredients, and
                                      analyze trends and statistics relating to the market as a whole.




                                      For more information on Thomson Reuters
                                      API Intelligence solutions, including Newport Premium,
                                      visit go.thomsonreuters.com/newport




PHARMA MATTERS | MOVERS AND SHAKERS
SeCTiOn i: inTrODuCTiOn                                                            WHAT iS
                                                                                   An AnDA?
The European Generic Association had its annual meeting in Rome
in June 2010. Attendees concluded that conditions look positive                    An Abbreviated New
                                                                                   Drug Application
for the US generic market while the European generic industry
                                                                                   (ANDA) is the first
continues to struggle with delays to generic launches, disincentives               step for a generic
for generic prescribing in a number of countries, increasing pricing               drug in the US. It
pressures, and government-mandated price cuts.                                     is submitted to the
                                                                                   FDA to prove that
Why does the situation look better in the US? First, a large                       the generic version
number of products will lose patent protection over the next few                   is bioequivalent to
years. Second, the pricing environment in the US has stabilized.                   the innovator drug
Richard Silver from Barclays Capital explained that the relative                   in question. On
                                                                                   approval, the generic
pricing stability is the result of industry consolidation over the                 version is added
past 10 years and explained that the remaining competitors                         to the Approved
are more rational in their pricing strategies. Third, generic                      Drug Products List
penetration is occurring at ever-increasing rates. For example,                    (“Orange Book”) and
US generic substitution today occurs at 80 percent conversion                      the company may
                                                                                   manufacture and
over four to six weeks as compared to 60 percent within six to                     market it. An ANDA
eight months just a few years ago. Drivers accounting for the                      may be submitted
rapid substitution rate include drug retailers’ increased focus on                 before the patent on
aggressive generic substitution with higher profitability, the rise                the innovator drug
of authorized generics, and therapeutic substitution.                              expires. However,
                                                                                   in that case, the
The future is not all rosy, however, for the US generic industry.                  ANDA must include a
Raymond De Vre from McKinsey and Company warned the                                certification indicating
                                                                                   that the filer does
audience that the good times generic companies have enjoyed
                                                                                   not seek to market
over the past decade will end soon. While the global generics                      the product before
market shows attractive growth with significant patent expiries                    the expiry of the
for small molecules occurring in 2011 and 2012, there will                         Orange Book-listed
be fewer small molecule opportunities after 2012. Although                         patents (“paragraph
                                                                                   III certification”) or
biologics present a large opportunity for generics beyond 2010,
                                                                                   that the filer believes
the manufacturing and regulatory hurdles are high and it                           that its product
remains to be seen how many companies can realistically invest                     does not infringe the
in these products for the long term.                                               Orange Book-listed
                                                                                   patents or that the
Mr. Silver expected industry consolidation to continue.                            Orange Book-listed
However, he predicted that the majority of M&A activity will                       patents are invalid
be focused outside the US. Certainly, there was a significant                      (“paragraph IV
amount of M&A activity in the second quarter, and, as seen in                      certification”).

the Notable Deals section of this report, there were a number of                   WHAT Are “A”
deals focused on emerging markets.                                                 rATeD DrugS?
                                                                                   “A” rated drugs
                                                                                   are considered
                                                                                   therapeutically
                                                                                   equivalent and can
                                                                                   be substituted for
                                                                                   each other. “A” rated
                                                                                   drugs are designated
                                                                                   as AA, AB, AN, AO,
                                                                                   AP, and AT in the
                                                                                   Orange Book.




                                                                       PHARMA MATTERS | MOVERS AND SHAKERS
WHAT iS A                                               SeCTiOn ii: AnDA ApprOvAlS
  uS Dmf?
                                                     TOTAl ‘A’-rATeD AnDAS by COunTry Of Origin Of
  A DMF (Drug Master                                 AppliCAnT fOr April TO June 2010
  File) is a confidential
  document                                                62
  covering a specific
  manufacturing
  facility, process or                                          44
  article used in the
  manufacturing,
  processing,
  packaging or storing
  of a bulk drug. A DMF
  is reviewed by the
                                                                         11       10
  FDA only if an ANDA
                                                                                           6
  or NDA referencing                                                                               3   3   2   1       1       1       1   1   1
  that particular DMF
  is filed. An ANDA
  or NDA will not be
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  WHAT iS THe 180-                                   During the second quarter of 2010, US-based companies
  DAy exCluSiviTy?                                   received the most Abbreviated New Drug Applications (ANDA)
  In order to encourage                              approvals, with 62 approvals going to 24 groups. During
  generic companies                                  the same period, 19 Indian companies received a total of 44
  to develop non-
  infringing products
                                                     approvals. The approval numbers were considerably higher than
  and challenge invalid                              during the first quarter, when US-based companies received 23
  patents, the Hatch-                                approvals and Indian companies received 22 approvals.
  Waxman act provides
  the incentive of
                                                     grOupS WiTH THe mOST ‘A’-rATeD AnDA ApprOvAlS
  180 days of market                                 fOr April TO June 2010
  exclusivity for the first
                                                          18
  company to file an
  ANDA with paragraph
  IV certification for a
  product. The FDA
  may not approve
  additional ANDAs for                                              9         9
  a period of 180 days
  commencing from                                                                      6       6       6   6
  the first commercial                                                                                             5       5
                                                                                                                                   4       4   4
  marketing of the
  first-to-file product.
  In cases where more
  than one ANDA
  with Paragraph IV
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                                                     During the second quarter of 2010, Mylan (US) received 18 ANDA
                                                     approvals, putting the company on top of the list, followed by
                                                     Sagent (US) and Teva (Israel), each with 9 approvals.




PHARMA MATTERS | MOVERS AND SHAKERS
SeCTiOn iii: pArAgrApH iv CHAllengeS                                                                      WHAT iS A
                                                                                                          biOSimilAr
In the second quarter of 2010, we learned of the first Paragraph                                          ACCOrDing
IV patent challenges on six new active ingredients or                                                     TO uS
combinations, down from 13 during the previous quarter.                                                   regulATiOnS?
grOupS WiTH THe mOST pATenT CHAllengeS On reCOrD                                                          A biosimilar
AS Of June 2010                                                                                           product is defined
                                                                                                          in the Act to mean
                                                                                                          a biological product
 152
                                                                                                          that is both “highly
                                                                                                          similar to the
                                                                                                          reference product
                                                                                                          notwithstanding
         83   81                                                                                          minor differences
                   62
                                                                                                          in clinically inactive
                        60
                                                                                                          components” and
                              43    41
                                         35    34                                                         for which “there
                                                    30    28          27                                  are no clinically
                                                                                                          meaningful
                                                                                                          differences between
                                                                                                          the biological
                                                                                                          product and the
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                                                                                                          is defined as a
                                                                                                          biological product
                                                                                                          that “may be
Teva continued to be by far the most prolific filer of ANDAs with                                         substituted for the
patent challenges. At the time of writing this report, we were                                            reference product
linking the company to challenges on 152 products, up from                                                without the
149 products the quarter before. Novartis (Sandoz) and Mylan                                              intervention of the
                                                                                                          healthcare provider
were in second and third place, with links to 83 and 81 patent
                                                                                                          who prescribed the
challenge products, respectively.                                                                         reference product.”




                                                                                              PHARMA MATTERS | MOVERS AND SHAKERS
prODuCTS firST expOSeD TO pArAgrApH iv CHAllengeS, AS repOrTeD by
  WHAT iS A
  pArAgrApH iv               THe fDA beTWeen April AnD June 2010
  CHAllenge?
                             ACTive ingreDienT: • Perrigo has submitted an ANDA with Paragraph IV
  Bioequivalent              butoconazole nitrate certification for a generic version of Gynazole-1 (butoconazole
  generic versions of
                             pOSTeD by fDA:       nitrate) vaginal cream.
  drugs that are not
                             June 8, 2010
  protected by patents                           • The Orange Book lists two patents covering Gynazole-1
  can be produced and        brAnD nAme:           vaginal cream.
  marketed in the US by      gynazole-1®
                                                   - US Patent 5,266,329 will expire on Nov. 30, 2010.
  any company, subject
  to FDA approval.
                             nDA HOlDer:           - US Patent 5,993,856 will expire on Nov. 17, 2017.
                             Kv pharmaceutical
  However, a generic
                             Company               - KV has alleged that Perrigo infringes US Patent 5,993,856.
  company may obtain
                                                 • At the time the first ANDA with Paragraph IV certification was
  FDA approval before
  patent expiry if it
                                                   submitted for a generic version of Gynazole-1 vaginal cream,
  certifies its product                            Gedeon Richter, Mediolast, and Roche Palo Alto held DMFs
  does not infringe                                for butoconazole nitrate.
  the listed patents
  or the patents are         ACTive ingreDienT: • Apotex and Teva have submitted ANDAs with Paragraph
  invalid (paragraph IV      eletriptan           IV certification for generic versions of Relpax (eletriptan
  certification). Patent     hydrobromide
                                                   hydrobromide) tablets.
  holders may then sue
                             pOSTeD by fDA:
  the ANDA filer for                             • The Orange Book lists two patents covering Relpax tablets.
                             June 8, 2010
  patent infringement. If                          - US Patent 5,545,644 includes claims directed to the drug
  the patent holder sues     brAnD nAme:
  the ANDA filer within      relpax®                  substance, drug product, and the treatment of migraine
  45 days of notification,                            with or without aura. It will expire on Dec. 26, 2016.
                             nDA HOlDer:
  the FDA may not            pfizer                - US Patent 6,110,940 is directed to a crystalline form of
  approve the ANDA for                                eletriptan hydrobromide. It will expire on Aug. 29, 2017.
  30 months from the
  date of notification. If                         - Pfizer has alleged that Apotex and Teva infringe US Patent
  no suit is filed within                             6,110,940. In its notification letter, Apotex asserted that its
  45 days, the FDA may                                proposed product would not infringe the patent because
  approve the ANDA at
                                                      it would contain an amorphous solid form of eletriptan
  any time.
                                                      hydrobromide. Teva also indicated that its proposed
                                                      product would not contain the polymorphic form of
                                                      eletriptan hydrobromide claimed in US Patent 6,110,940.
                                                 • At the time the first ANDA was submitted for a generic
                                                   version of Relpax tablets, Teva and Apotex held DMFs for
                                                   eletriptan hydrobromide.
                             ACTive ingreDienT: • At least one company has submitted an ANDA with
                             eprosartan mesylate  Paragraph IV certification for a generic version of Teveten
                             pOSTeD by fDA:       (eprosartan mesylate) tablets. We do not know the filer’s
                             June 22, 2010        identity at this time.
                             brAnD nAme:         • The Orange Book lists only one unexpired patent covering
                             Teveten®
                                                   Teveten tablets.
                             nDA HOlDer:           US Patent 5,656,650 includes claims directed to the use of
                             Abbott
                                                   eprosartan stepwise or in physical combination with a diuretic for
                                                   the treatment of hypertension. It will expire on Aug. 12, 2014.
                                                 • At the time the first ANDA was submitted for a generic version
                                                   of Teveten tablets, Jubilant Organosys and Hetero Drugs held
                                                   the DMFs for eprosartan mesylate most likely to be referenced
                                                   in an ANDA.




PHARMA MATTERS | MOVERS AND SHAKERS
ACTive ingreDienT: • At least one company has filed an ANDA with Paragraph IV
ketoconazole         certification for a generic version of Extina (ketoconazole)
pOSTeD by fDA:       foam. We do not know the filer’s identity at this time.
may 18, 2010
                   • The Orange Book lists only US Patent 7,553,835 for Extina
brAnD nAme:          foam. That patent includes claims to the drug product and its
extina®
                     use in the treatment of seborrhea dermatitis. It will expire on
nDA HOlDer:          Oct. 19, 2018.
gSK
                   • At the time of the first ANDA submission for a generic version
                     of Extina foam, several companies held active DMFs for
                     ketoconazole. This is not surprising because other generic
                     ketoconazole products have been approved in the US for years.
ACTive ingreDienT: • Lupin has submitted an ANDA with Paragraph IV certification for a
ranolazine           generic version of Ranexa (ranolazine) extended-release tablets.
pOSTeD by fDA:     • The Orange Book lists 10 patents covering Ranexa extended-
June 8, 2010
                     release tablets, all expiring on May 27, 2019.
brAnD nAme:
                     Lupin’s ANDA for a generic version of Ranexa included
ranexa®
                     Paragraph IV certification to all 10 patents. Roche and Gilead
nDA HOlDer:          have alleged infringement of nine of the patents.
gilead
                   • The FDA reported at least eight active DMFs for ranolazine
                     on file at the time the first ANDA was submitted for a generic
                     version of Ranexa extended-release tablets, including one
                     held by Lupin.
ACTive ingreDienT: • Mylan has filed an ANDA with Paragraph IV certification for a
sunitinib malate     generic version of Sutent (sunitinib malate) capsules.
pOSTeD by fDA:     • The Orange Book lists three patents covering Sutent capsules.
April 19, 2010
                     - US Patent 6,573,293 and US Patent 7,125,905 include both
brAnD nAme:
                        drug substance and drug product claims directed to Sutent
Sutent®
                        capsules. They will expire on Feb. 15, 2021.
nDA HOlDer:
pfizer               - US Patent 7,211,600 claims the treatment of
                        gastrointestinal stromal tumors with sunitinib. It will expire
                        on Dec. 22, 2020.
                     - Pfizer has alleged that Mylan infringes all three listed
                        patents.
                   • At the time of the first ANDA submission for a generic version
                     of Sutent capsules, Teva held the only active DMF for sunitinib
                     malate reported by the FDA.




                                                                                 PHARMA MATTERS | MOVERS AND SHAKERS
SeCTiOn iv: nOTAble DeAlS
                                      Much of the deal making activity in Q2 involved big
                                      pharmaceuticals expanding their presence in rapidly
                                      developing, emerging generic markets in India, Latin America,
                                      and Japan.
                                      AbbOTT
                                      One of the most active deal makers in Q2 was Abbott. After
                                      obtaining a diverse portfolio of branded generics products and
                                      significant presence in emerging markets by acquiring Solvay
                                      Pharmaceuticals at the beginning of the year, Abbott agreed to
                                      pay $3.72 billion for Piramal Healthcare’s Indian formulations
                                      business in May and announced collaboration with Zydus
                                      Cadila. The acquisition, which also gives Abbott a production
                                      facility at Baddi, is expected to close during the second half of
                                      2010. According to Abbott, the deal will give them the No. 1
                                      position in the Indian pharmaceutical market.
                                      The collaboration agreement between Abbott and Zydus
                                      Cadila covers the development and commercialization of
                                      branded generics in 15 emerging markets. Initially, Abbott will
                                      commercialize 24 products from the Zydus portfolio with an
                                      option to commercialize more than 40 other products. The
                                      products cover a number of therapeutic areas, including pain,
                                      cancer, respiratory, neurological, and cardiovascular diseases.
                                      pfizer
                                      Pfizer, meanwhile, announced in May that it had entered into
                                      two more collaboration agreements with Strides Arcolab
                                      of India. Recall that in January, Pfizer expanded an earlier
                                      arrangement with the Indian generic company, Strides
                                      Arcolabs, for the supply of 40 off-patent products, including
                                      mostly injectable anti-cancer treatments. One of the May
                                      agreements covers 38 generic oncology products which Pfizer
                                      will commercialize in the EU, Canada, Japan, Korea, Australia,
                                      and New Zealand. The second agreement involves Pfizer
                                      commercializing niche sterile injectables in the US
                                      SAnOfi-AvenTiS
                                      In the second quarter, Sanofi-Aventis announced a joint venture
                                      with Japan’s Nichi-Iko to boost its profile in the fast-growing
                                      generic drug market in Japan. The company’s goal is to be in
                                      the top five generic drug producers in the Japanese market
                                      within five years. For more information about the opportunities
                                      and challenges foreign companies face in pursuing Japan’s
                                      generic market, download our white paper, The Japanese
                                      Generic Drug Market: Opportunities and Strategies for Success, at
                                      go.thomsonreuters.com/japanese_whitepaper.




PHARMA MATTERS | MOVERS AND SHAKERS
glAxOSmiTHKline
GlaxoSmithKline expanded its business in Latin America by
acquiring Laboratorios Phoenix in Argentina. Phoenix has a
broad portfolio of branded generics covering therapeutic areas
including cardiovascular, gastroenterology, metabolic, and
urology. The deal also includes a manufacturing facility near
Buenos Aires.
vAleAnT
Not to be outdone by big pharma, generic companies also were
involved in significant deal-making, with Valeant, a branded
generics and specialty pharmaceutical company based in
California, standing out. The company, which agreed to merge
with Biovail of Canada in June, completed its acquisition of New
Jersey’s Aton Pharma in May, and announced an agreement
to acquire a Canadian OTC company called Vital Science Corp
in April. Also in April, Valeant announced an agreement to
acquire yet another privately held branded generics company
in Brazil. Within the last 12 months, Valeant has acquired
Bunker Industria Farmacêutica Ltda and Instituto Terapêutico
Delta Ltda in Brazil, along with Tecnofarma SA de CV and
Laboratorios Grossman SA in Mexico.
OTHer
Other major deals by generic companies in the second quarter
included the definitive agreement for Sandoz to acquire Oriel
Therapeutics, a privately-held US specialty pharmaceutical
company focused on respiratory care. This acquisition will give
Sandoz exclusive rights to a portfolio of generic candidates,
three development projects, Oriel’s FreePath drug delivery
system, and Solis multi-dose dry powder inhaler, which uses
the FreePath technology. It has been reported that FreePath
has the potential to address some of the hurdles facing
regulatory approval of generic inhaled medicines in the US
In May, Endo announced an agreement to acquire
HealthTronics, a leading US provider of urological products
and services. The deal is part of Endo’s strategy to diversify and
expand its offerings of urology products.
Orchid, an Indian generic company, is trying to buy Karalex, a
sales and marketing operation in the US The company needs an
increased US-based sales capability in order to take advantage
of its pipeline, which includes patent challenge products that
Orchid is believed to have been the first to file for, and is thus
entitled to exclusivity. Karelex was founded in 2007 by two
former executives of Par Pharmaceutical.




                                                                     PHARMA MATTERS | MOVERS AND SHAKERS
SeCTiOn v: Opening mOveS
                                      Based on our research of ANDA filings and Paragraph IV
                                      challenges, we highlight some of the companies making
                                      significant game play in the US generics industry.
                                      ipCA lAbOrATOrieS lTD.
                                      Ipca is a fully integrated pharmaceutical company based in
                                      Mumbai, India, making both finished dose products and active
                                      pharmaceutical ingredients for many international markets.
                                      Ipca’s active pharmaceutical ingredients (API) manufacturing
                                      facility at Ratlam has been inspected by the US FDA on a
                                      number of occasions. The company sells numerous APIs from
                                      that facility to the US market. Its dose facility has also been
                                      inspected by the US FDA.
                                      Ipca, which holds 10 active ANDAs, has so far launched most of
                                      its products to the US market through alliances.
                                      In 2006, Ipca entered into a strategic alliance with Ranbaxy
                                      Pharmaceuticals Inc. (now part of Daiichi). Under this alliance,
                                      the products were going to be marketed by Ranbaxy. Initially
                                      the dose products were going to be manufactured by Ranbaxy
                                      using Ipca’s active ingredients. Subsequently, both the API
                                      and finished dose were going to be manufactured by Ipca. The
                                      alliance covered a number of products, including atenolol,
                                      furosemide, hydrochlorothiazide, hydroxychloroquine sulfate,
                                      metformin HCl, and metoclopramide. The ANDA for metformin
                                      has since been discontinued.
                                      In 2007, Ipca entered into another strategic alliance focused
                                      on the US market, this time with Heritage Pharmaceuticals of
                                      New Jersey. Under the terms of the agreement, Ipca was going
                                      to develop, register, and manufacture the products, including
                                      propranolol, and Heritage would sell and market them in the US
                                      inTellipHArmACeuTiCS inTernATiOnAl inC.
                                      Intellipharmaceutics of Toronto, Canada, specializes in the
                                      research, development, and manufacture of both novel and
                                      generic controlled-release and targeted-release oral solid
                                      dosage drugs.
                                      The company is currently involved in a number of patent
                                      challenges in the US One of the challenges was in
                                      partnership with Par Pharmaceutical for a generic version
                                      of the Attention Deficit Hyperactivity Disorder (ADHD) drug
                                      Focalin XR® (dexmethylphenidate hydrochloride). In May
                                      2010, the parties stipulated to the dismissal of the litigation.
                                      Intellipharmaceutics’ management expects that marketing of
                                      its generic version of Focalin XR would commence no sooner
                                      than Q4 2012.




PHARMA MATTERS | MOVERS AND SHAKERS
Intellipharmaceutics’ partnership with Par Pharmaceutical
goes back several years. In November 2005, the two companies
announced an agreement for the US market to co-develop
controlled release formulations of generic drug products. In
August 2007, Par Pharmaceutical purchased a 4.2 percent
equity interest in Intellipharmaceutics and the two companies
entered into another agreement regarding the development
and launch of controlled release generic drug products,
bringing the total number of drugs under development to six.
In May 2010, Intellipharmaceutics announced that the US FDA
had accepted its filing for an ANDA for a generic version of the
antidepressant Effexor XR® (venlafaxine hydrochloride). On
June 14, 2010, the company announced it had filed an ANDA
for a generic version of Protonix® (delayed release pantoprazole
sodium). The company has since then been sued by Wyeth
LLC, a wholly owned subsidiary of Pfizer Inc., regarding
its venlafaxine application. The company also has generic
carvedilol and seven undisclosed products in its pipeline.




                                                                   PHARMA MATTERS | MOVERS AND SHAKERS
NOTES




PHARMA MATTERS | MOVERS AND SHAKERS
NOTES




PHARMA MATTERS | MOVERS AND SHAKERS
Image CopyrIght: reuTerS/David gray




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                                      THE ONES TO WATCH
                                      Focuses on the latest phase changes in the pharmaceutical pipeline.
                                      MOVERS AND SHAKERS
                                      Unravels the most significant game-play in the US generics market.
                                      THE CUTTING EDGE OF CHEMISTRY
                                      Insights into the chemistry advances transforming drug discovery
                                      and development.

                                     ABOUT NEWPORT PREMIUM
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                                     Created specifically for generic pharmaceutical companies and strategic API
                                     manufacturers, it can help you to identify and evaluate product opportunities
                                     worldwide, ensuring you’ll be first to find the generic product and niche opportunity,
                                     first to make the deal, and first to get to market.
                                     ABOUT THOMSON REUTERS
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                                     drugs and get them to market faster, for researchers to find relevant papers and
                                     know what’s newly published in their subject, and for businesses to optimize their
                                     intellectual property and find competitive intelligence.

                                     NOTE TO PRESS:
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Movers and Shakers, Apr. - Jun. 2010 -- Pharma Matters Report

  • 1. Image CopyrIght: iSTOCKpHOTO MOVERS AND SHAKERS A PHARMA MATTERS REPORT. April-June 2010 The Thomson Reuters quarterly report on the US generics industry using strategic intelligence and competitive analysis information from Newport Premium™, the critical product targeting and global business development system from the industry authority on the global generics market.
  • 2. In this quarterly report, we look at a few of the companies beginning to make their marks on the US generics market either with their finished dose products or active ingredients, and analyze trends and statistics relating to the market as a whole. For more information on Thomson Reuters API Intelligence solutions, including Newport Premium, visit go.thomsonreuters.com/newport PHARMA MATTERS | MOVERS AND SHAKERS
  • 3. SeCTiOn i: inTrODuCTiOn WHAT iS An AnDA? The European Generic Association had its annual meeting in Rome in June 2010. Attendees concluded that conditions look positive An Abbreviated New Drug Application for the US generic market while the European generic industry (ANDA) is the first continues to struggle with delays to generic launches, disincentives step for a generic for generic prescribing in a number of countries, increasing pricing drug in the US. It pressures, and government-mandated price cuts. is submitted to the FDA to prove that Why does the situation look better in the US? First, a large the generic version number of products will lose patent protection over the next few is bioequivalent to years. Second, the pricing environment in the US has stabilized. the innovator drug Richard Silver from Barclays Capital explained that the relative in question. On approval, the generic pricing stability is the result of industry consolidation over the version is added past 10 years and explained that the remaining competitors to the Approved are more rational in their pricing strategies. Third, generic Drug Products List penetration is occurring at ever-increasing rates. For example, (“Orange Book”) and US generic substitution today occurs at 80 percent conversion the company may manufacture and over four to six weeks as compared to 60 percent within six to market it. An ANDA eight months just a few years ago. Drivers accounting for the may be submitted rapid substitution rate include drug retailers’ increased focus on before the patent on aggressive generic substitution with higher profitability, the rise the innovator drug of authorized generics, and therapeutic substitution. expires. However, in that case, the The future is not all rosy, however, for the US generic industry. ANDA must include a Raymond De Vre from McKinsey and Company warned the certification indicating that the filer does audience that the good times generic companies have enjoyed not seek to market over the past decade will end soon. While the global generics the product before market shows attractive growth with significant patent expiries the expiry of the for small molecules occurring in 2011 and 2012, there will Orange Book-listed be fewer small molecule opportunities after 2012. Although patents (“paragraph III certification”) or biologics present a large opportunity for generics beyond 2010, that the filer believes the manufacturing and regulatory hurdles are high and it that its product remains to be seen how many companies can realistically invest does not infringe the in these products for the long term. Orange Book-listed patents or that the Mr. Silver expected industry consolidation to continue. Orange Book-listed However, he predicted that the majority of M&A activity will patents are invalid be focused outside the US. Certainly, there was a significant (“paragraph IV amount of M&A activity in the second quarter, and, as seen in certification”). the Notable Deals section of this report, there were a number of WHAT Are “A” deals focused on emerging markets. rATeD DrugS? “A” rated drugs are considered therapeutically equivalent and can be substituted for each other. “A” rated drugs are designated as AA, AB, AN, AO, AP, and AT in the Orange Book. PHARMA MATTERS | MOVERS AND SHAKERS
  • 4. WHAT iS A SeCTiOn ii: AnDA ApprOvAlS uS Dmf? TOTAl ‘A’-rATeD AnDAS by COunTry Of Origin Of A DMF (Drug Master AppliCAnT fOr April TO June 2010 File) is a confidential document 62 covering a specific manufacturing facility, process or 44 article used in the manufacturing, processing, packaging or storing of a bulk drug. A DMF is reviewed by the 11 10 FDA only if an ANDA 6 or NDA referencing 3 3 2 1 1 1 1 1 1 that particular DMF is filed. An ANDA or NDA will not be A A Y ZE E L SW D EN N S Y D AU N CA A DA AN AL approved until any AN ND US DI RI AN AN PA A RA ED NA IW RD ST IT IN JA RM LA RL EL IS TA issues with the DMF JO IC ER GE TH IT are resolved. SW NE WHAT iS THe 180- During the second quarter of 2010, US-based companies DAy exCluSiviTy? received the most Abbreviated New Drug Applications (ANDA) In order to encourage approvals, with 62 approvals going to 24 groups. During generic companies the same period, 19 Indian companies received a total of 44 to develop non- infringing products approvals. The approval numbers were considerably higher than and challenge invalid during the first quarter, when US-based companies received 23 patents, the Hatch- approvals and Indian companies received 22 approvals. Waxman act provides the incentive of grOupS WiTH THe mOST ‘A’-rATeD AnDA ApprOvAlS 180 days of market fOr April TO June 2010 exclusivity for the first 18 company to file an ANDA with paragraph IV certification for a product. The FDA may not approve additional ANDAs for 9 9 a period of 180 days commencing from 6 6 6 6 the first commercial 5 5 4 4 4 marketing of the first-to-file product. In cases where more than one ANDA with Paragraph IV nc nc td nc G d G p td d d KG ou Lt Lt Lt sA sA certification is filed sL sL sI sI sI im Gr b n a ie al al iu rti rie rie m La pi he or tic en tic va y's Lu ar st st co on the same day, the at el eu eu es No Ph du dd du Ar ng r Fr bo ac ac In In Re o es rI m m nd La al al period of exclusivity ge rid Dr ar ar tic bi tic n rin Ph Ph St yla ro eu eu eh Au may be shared. nt n M ac ac so Bo ge m m at ar ar Sa W Ph Ph va n Su Te During the second quarter of 2010, Mylan (US) received 18 ANDA approvals, putting the company on top of the list, followed by Sagent (US) and Teva (Israel), each with 9 approvals. PHARMA MATTERS | MOVERS AND SHAKERS
  • 5. SeCTiOn iii: pArAgrApH iv CHAllengeS WHAT iS A biOSimilAr In the second quarter of 2010, we learned of the first Paragraph ACCOrDing IV patent challenges on six new active ingredients or TO uS combinations, down from 13 during the previous quarter. regulATiOnS? grOupS WiTH THe mOST pATenT CHAllengeS On reCOrD A biosimilar AS Of June 2010 product is defined in the Act to mean a biological product 152 that is both “highly similar to the reference product notwithstanding 83 81 minor differences 62 in clinically inactive 60 components” and 43 41 35 34 for which “there 30 28 27 are no clinically meaningful differences between the biological product and the Te No M W Ap Su Dr Ac Da Lu Pa Im yla at va pi ta pa rP n ot iic va Re so n Ph vis reference product in n ex hi Ph xL rti ha dd Lt n La ar sA Sa In Gr ar rm ab Ph d y's bo m c m nk ou G o terms of the safety, ac ar ac Gr ra ra ac yo p m e eu to ou to eu ut Hf ac Co rie r tic ica p tic purity, and potency ie eu sI Lt al sI al lC tic d nc nc In In om al of the product.” du du sI pa st st nc rie ni rie Interchangeability es sL sL In td td c is defined as a biological product that “may be Teva continued to be by far the most prolific filer of ANDAs with substituted for the patent challenges. At the time of writing this report, we were reference product linking the company to challenges on 152 products, up from without the 149 products the quarter before. Novartis (Sandoz) and Mylan intervention of the healthcare provider were in second and third place, with links to 83 and 81 patent who prescribed the challenge products, respectively. reference product.” PHARMA MATTERS | MOVERS AND SHAKERS
  • 6. prODuCTS firST expOSeD TO pArAgrApH iv CHAllengeS, AS repOrTeD by WHAT iS A pArAgrApH iv THe fDA beTWeen April AnD June 2010 CHAllenge? ACTive ingreDienT: • Perrigo has submitted an ANDA with Paragraph IV Bioequivalent butoconazole nitrate certification for a generic version of Gynazole-1 (butoconazole generic versions of pOSTeD by fDA: nitrate) vaginal cream. drugs that are not June 8, 2010 protected by patents • The Orange Book lists two patents covering Gynazole-1 can be produced and brAnD nAme: vaginal cream. marketed in the US by gynazole-1® - US Patent 5,266,329 will expire on Nov. 30, 2010. any company, subject to FDA approval. nDA HOlDer: - US Patent 5,993,856 will expire on Nov. 17, 2017. Kv pharmaceutical However, a generic Company - KV has alleged that Perrigo infringes US Patent 5,993,856. company may obtain • At the time the first ANDA with Paragraph IV certification was FDA approval before patent expiry if it submitted for a generic version of Gynazole-1 vaginal cream, certifies its product Gedeon Richter, Mediolast, and Roche Palo Alto held DMFs does not infringe for butoconazole nitrate. the listed patents or the patents are ACTive ingreDienT: • Apotex and Teva have submitted ANDAs with Paragraph invalid (paragraph IV eletriptan IV certification for generic versions of Relpax (eletriptan certification). Patent hydrobromide hydrobromide) tablets. holders may then sue pOSTeD by fDA: the ANDA filer for • The Orange Book lists two patents covering Relpax tablets. June 8, 2010 patent infringement. If - US Patent 5,545,644 includes claims directed to the drug the patent holder sues brAnD nAme: the ANDA filer within relpax® substance, drug product, and the treatment of migraine 45 days of notification, with or without aura. It will expire on Dec. 26, 2016. nDA HOlDer: the FDA may not pfizer - US Patent 6,110,940 is directed to a crystalline form of approve the ANDA for eletriptan hydrobromide. It will expire on Aug. 29, 2017. 30 months from the date of notification. If - Pfizer has alleged that Apotex and Teva infringe US Patent no suit is filed within 6,110,940. In its notification letter, Apotex asserted that its 45 days, the FDA may proposed product would not infringe the patent because approve the ANDA at it would contain an amorphous solid form of eletriptan any time. hydrobromide. Teva also indicated that its proposed product would not contain the polymorphic form of eletriptan hydrobromide claimed in US Patent 6,110,940. • At the time the first ANDA was submitted for a generic version of Relpax tablets, Teva and Apotex held DMFs for eletriptan hydrobromide. ACTive ingreDienT: • At least one company has submitted an ANDA with eprosartan mesylate Paragraph IV certification for a generic version of Teveten pOSTeD by fDA: (eprosartan mesylate) tablets. We do not know the filer’s June 22, 2010 identity at this time. brAnD nAme: • The Orange Book lists only one unexpired patent covering Teveten® Teveten tablets. nDA HOlDer: US Patent 5,656,650 includes claims directed to the use of Abbott eprosartan stepwise or in physical combination with a diuretic for the treatment of hypertension. It will expire on Aug. 12, 2014. • At the time the first ANDA was submitted for a generic version of Teveten tablets, Jubilant Organosys and Hetero Drugs held the DMFs for eprosartan mesylate most likely to be referenced in an ANDA. PHARMA MATTERS | MOVERS AND SHAKERS
  • 7. ACTive ingreDienT: • At least one company has filed an ANDA with Paragraph IV ketoconazole certification for a generic version of Extina (ketoconazole) pOSTeD by fDA: foam. We do not know the filer’s identity at this time. may 18, 2010 • The Orange Book lists only US Patent 7,553,835 for Extina brAnD nAme: foam. That patent includes claims to the drug product and its extina® use in the treatment of seborrhea dermatitis. It will expire on nDA HOlDer: Oct. 19, 2018. gSK • At the time of the first ANDA submission for a generic version of Extina foam, several companies held active DMFs for ketoconazole. This is not surprising because other generic ketoconazole products have been approved in the US for years. ACTive ingreDienT: • Lupin has submitted an ANDA with Paragraph IV certification for a ranolazine generic version of Ranexa (ranolazine) extended-release tablets. pOSTeD by fDA: • The Orange Book lists 10 patents covering Ranexa extended- June 8, 2010 release tablets, all expiring on May 27, 2019. brAnD nAme: Lupin’s ANDA for a generic version of Ranexa included ranexa® Paragraph IV certification to all 10 patents. Roche and Gilead nDA HOlDer: have alleged infringement of nine of the patents. gilead • The FDA reported at least eight active DMFs for ranolazine on file at the time the first ANDA was submitted for a generic version of Ranexa extended-release tablets, including one held by Lupin. ACTive ingreDienT: • Mylan has filed an ANDA with Paragraph IV certification for a sunitinib malate generic version of Sutent (sunitinib malate) capsules. pOSTeD by fDA: • The Orange Book lists three patents covering Sutent capsules. April 19, 2010 - US Patent 6,573,293 and US Patent 7,125,905 include both brAnD nAme: drug substance and drug product claims directed to Sutent Sutent® capsules. They will expire on Feb. 15, 2021. nDA HOlDer: pfizer - US Patent 7,211,600 claims the treatment of gastrointestinal stromal tumors with sunitinib. It will expire on Dec. 22, 2020. - Pfizer has alleged that Mylan infringes all three listed patents. • At the time of the first ANDA submission for a generic version of Sutent capsules, Teva held the only active DMF for sunitinib malate reported by the FDA. PHARMA MATTERS | MOVERS AND SHAKERS
  • 8. SeCTiOn iv: nOTAble DeAlS Much of the deal making activity in Q2 involved big pharmaceuticals expanding their presence in rapidly developing, emerging generic markets in India, Latin America, and Japan. AbbOTT One of the most active deal makers in Q2 was Abbott. After obtaining a diverse portfolio of branded generics products and significant presence in emerging markets by acquiring Solvay Pharmaceuticals at the beginning of the year, Abbott agreed to pay $3.72 billion for Piramal Healthcare’s Indian formulations business in May and announced collaboration with Zydus Cadila. The acquisition, which also gives Abbott a production facility at Baddi, is expected to close during the second half of 2010. According to Abbott, the deal will give them the No. 1 position in the Indian pharmaceutical market. The collaboration agreement between Abbott and Zydus Cadila covers the development and commercialization of branded generics in 15 emerging markets. Initially, Abbott will commercialize 24 products from the Zydus portfolio with an option to commercialize more than 40 other products. The products cover a number of therapeutic areas, including pain, cancer, respiratory, neurological, and cardiovascular diseases. pfizer Pfizer, meanwhile, announced in May that it had entered into two more collaboration agreements with Strides Arcolab of India. Recall that in January, Pfizer expanded an earlier arrangement with the Indian generic company, Strides Arcolabs, for the supply of 40 off-patent products, including mostly injectable anti-cancer treatments. One of the May agreements covers 38 generic oncology products which Pfizer will commercialize in the EU, Canada, Japan, Korea, Australia, and New Zealand. The second agreement involves Pfizer commercializing niche sterile injectables in the US SAnOfi-AvenTiS In the second quarter, Sanofi-Aventis announced a joint venture with Japan’s Nichi-Iko to boost its profile in the fast-growing generic drug market in Japan. The company’s goal is to be in the top five generic drug producers in the Japanese market within five years. For more information about the opportunities and challenges foreign companies face in pursuing Japan’s generic market, download our white paper, The Japanese Generic Drug Market: Opportunities and Strategies for Success, at go.thomsonreuters.com/japanese_whitepaper. PHARMA MATTERS | MOVERS AND SHAKERS
  • 9. glAxOSmiTHKline GlaxoSmithKline expanded its business in Latin America by acquiring Laboratorios Phoenix in Argentina. Phoenix has a broad portfolio of branded generics covering therapeutic areas including cardiovascular, gastroenterology, metabolic, and urology. The deal also includes a manufacturing facility near Buenos Aires. vAleAnT Not to be outdone by big pharma, generic companies also were involved in significant deal-making, with Valeant, a branded generics and specialty pharmaceutical company based in California, standing out. The company, which agreed to merge with Biovail of Canada in June, completed its acquisition of New Jersey’s Aton Pharma in May, and announced an agreement to acquire a Canadian OTC company called Vital Science Corp in April. Also in April, Valeant announced an agreement to acquire yet another privately held branded generics company in Brazil. Within the last 12 months, Valeant has acquired Bunker Industria Farmacêutica Ltda and Instituto Terapêutico Delta Ltda in Brazil, along with Tecnofarma SA de CV and Laboratorios Grossman SA in Mexico. OTHer Other major deals by generic companies in the second quarter included the definitive agreement for Sandoz to acquire Oriel Therapeutics, a privately-held US specialty pharmaceutical company focused on respiratory care. This acquisition will give Sandoz exclusive rights to a portfolio of generic candidates, three development projects, Oriel’s FreePath drug delivery system, and Solis multi-dose dry powder inhaler, which uses the FreePath technology. It has been reported that FreePath has the potential to address some of the hurdles facing regulatory approval of generic inhaled medicines in the US In May, Endo announced an agreement to acquire HealthTronics, a leading US provider of urological products and services. The deal is part of Endo’s strategy to diversify and expand its offerings of urology products. Orchid, an Indian generic company, is trying to buy Karalex, a sales and marketing operation in the US The company needs an increased US-based sales capability in order to take advantage of its pipeline, which includes patent challenge products that Orchid is believed to have been the first to file for, and is thus entitled to exclusivity. Karelex was founded in 2007 by two former executives of Par Pharmaceutical. PHARMA MATTERS | MOVERS AND SHAKERS
  • 10. SeCTiOn v: Opening mOveS Based on our research of ANDA filings and Paragraph IV challenges, we highlight some of the companies making significant game play in the US generics industry. ipCA lAbOrATOrieS lTD. Ipca is a fully integrated pharmaceutical company based in Mumbai, India, making both finished dose products and active pharmaceutical ingredients for many international markets. Ipca’s active pharmaceutical ingredients (API) manufacturing facility at Ratlam has been inspected by the US FDA on a number of occasions. The company sells numerous APIs from that facility to the US market. Its dose facility has also been inspected by the US FDA. Ipca, which holds 10 active ANDAs, has so far launched most of its products to the US market through alliances. In 2006, Ipca entered into a strategic alliance with Ranbaxy Pharmaceuticals Inc. (now part of Daiichi). Under this alliance, the products were going to be marketed by Ranbaxy. Initially the dose products were going to be manufactured by Ranbaxy using Ipca’s active ingredients. Subsequently, both the API and finished dose were going to be manufactured by Ipca. The alliance covered a number of products, including atenolol, furosemide, hydrochlorothiazide, hydroxychloroquine sulfate, metformin HCl, and metoclopramide. The ANDA for metformin has since been discontinued. In 2007, Ipca entered into another strategic alliance focused on the US market, this time with Heritage Pharmaceuticals of New Jersey. Under the terms of the agreement, Ipca was going to develop, register, and manufacture the products, including propranolol, and Heritage would sell and market them in the US inTellipHArmACeuTiCS inTernATiOnAl inC. Intellipharmaceutics of Toronto, Canada, specializes in the research, development, and manufacture of both novel and generic controlled-release and targeted-release oral solid dosage drugs. The company is currently involved in a number of patent challenges in the US One of the challenges was in partnership with Par Pharmaceutical for a generic version of the Attention Deficit Hyperactivity Disorder (ADHD) drug Focalin XR® (dexmethylphenidate hydrochloride). In May 2010, the parties stipulated to the dismissal of the litigation. Intellipharmaceutics’ management expects that marketing of its generic version of Focalin XR would commence no sooner than Q4 2012. PHARMA MATTERS | MOVERS AND SHAKERS
  • 11. Intellipharmaceutics’ partnership with Par Pharmaceutical goes back several years. In November 2005, the two companies announced an agreement for the US market to co-develop controlled release formulations of generic drug products. In August 2007, Par Pharmaceutical purchased a 4.2 percent equity interest in Intellipharmaceutics and the two companies entered into another agreement regarding the development and launch of controlled release generic drug products, bringing the total number of drugs under development to six. In May 2010, Intellipharmaceutics announced that the US FDA had accepted its filing for an ANDA for a generic version of the antidepressant Effexor XR® (venlafaxine hydrochloride). On June 14, 2010, the company announced it had filed an ANDA for a generic version of Protonix® (delayed release pantoprazole sodium). The company has since then been sued by Wyeth LLC, a wholly owned subsidiary of Pfizer Inc., regarding its venlafaxine application. The company also has generic carvedilol and seven undisclosed products in its pipeline. PHARMA MATTERS | MOVERS AND SHAKERS
  • 12. NOTES PHARMA MATTERS | MOVERS AND SHAKERS
  • 13. NOTES PHARMA MATTERS | MOVERS AND SHAKERS
  • 14. Image CopyrIght: reuTerS/David gray NeWport US marKet Share moDULe Deeper INSIght INto the WorLD’S LargeSt pharmaCeUtICaL marKet OUR LATEST OPTIONAL CONTENT MODULES, NEWPORT MARKET SHARE We have launched the Newport US Market Share Module which covers 10 years of product market share history that can be analyzed by dose form, strength, marketer, and brand vs. generic, providing additional insight into the US market. This module integrates seamlessly with Newport Premium and Newport Global base systems. For more than 2,000 products, current information concerning the most frequent diagnosis and co-prescribed drugs, plus demographics including total population, male/female ratio, number of days supplied, and average annual payments are available. Current market share data for each product can be viewed by the number of dispensed units or prescriptions and as percentages or base figures by dose form, strength, marketer, and generic vs. brand split. History is available for 10 years and may be compared with up to five drugs competing in the same diagnosis code. HOW TO SUBSCRIBE The Newport US Market Share Module is an optional subscription module that may be added to your Newport Premium or Newport Global subscription for an additional annual charge. For more information, contact your account manager or visit go.thomsonreuters.com/request_info ©2010 Thomson Reuters. All rights reserved. Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters.
  • 15.
  • 16. To sign up to our Pharma Matters range of publications visit: go.thomsonreuters.com/pharmamatters THE ONES TO WATCH Focuses on the latest phase changes in the pharmaceutical pipeline. MOVERS AND SHAKERS Unravels the most significant game-play in the US generics market. THE CUTTING EDGE OF CHEMISTRY Insights into the chemistry advances transforming drug discovery and development. ABOUT NEWPORT PREMIUM Newport Premium is the critical product targeting and global business development system from Thomson Reuters, the industry authority on the global generics market. Created specifically for generic pharmaceutical companies and strategic API manufacturers, it can help you to identify and evaluate product opportunities worldwide, ensuring you’ll be first to find the generic product and niche opportunity, first to make the deal, and first to get to market. ABOUT THOMSON REUTERS Thomson Reuters is the leading source of intelligent information for professionals around the world. Our customers are knowledge workers in key sectors of the global economy. We supply them with the intelligent information they need to succeed in fields that are vital to developed and emerging economies such as law, financial services, tax and accounting, healthcare, science and media. Our knowledge and information is essential for drug companies to discover new drugs and get them to market faster, for researchers to find relevant papers and know what’s newly published in their subject, and for businesses to optimize their intellectual property and find competitive intelligence. NOTE TO PRESS: To request further information or permission to reproduce content from this report, please contact: Paul Sandell Phone: + 44 (0)20 7433 4704 Email: paul.sandell@thomsonreuters.com For more information on Thomson Reuters API Intelligence solutions, including Newport Premium, please visit go.thomsonreuters.com/newport or email scientific.lifesciences@thomsonreuters.com heaLthCare & SCIeNCe regIoNaL offICeS North America philadelphia +1 800 336 4474 +1 215 386 0100 Latin America brazil +55 11 8370 9845 Other countries +1 215 823 5674 Europe, Middle East and Africa london +44 20 7433 4000 Asia Pacific Singapore +65 6775 5088 Tokyo +81 3 5218 6500 for a complete office list visit: science.thomsonreuters.com/contact ph1008259 Copyright © 2010 Thomson reuters