Presentation to the Orange County Regulatory Affairs (OCRA) Discussion Group/FDA Jointly Sponsored Educational Conference on June 9, 2011

1. OCRA/FDA Annual Educational
Conference
Irvine, CA
June 9, 2011
Michael A. Swit, Esq.
Vice President
Biosimilars
Overview of the
New U.S. Pathway

2. Standard Disclaimers
 Views expressed here are solely mine and do not
reflect those of my firm or any of its clients.
 This presentation supports an oral briefing and
should not be relied upon solely on its own to
support any conclusion of law or fact.
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3.  Biologics approved under Public Health Services Act –
no abbreviated pathway
 Precursor? -- Comparability Guidance, April 1996
 NDAs -- for few biologics (e.g., HGH, insulin) – were
approved
 No set criteria on appropriate data set to support approval
 Evaluated on a case by case basis
 Therapeutic Biologics – transferred from CBER to
CDER
The Past
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4. Bioequivalence
 Lynchpin to traditional Waxman-Hatch generic
approval process – depends on:
 Pharmaceutical “equivalents” – active ingredient, dosage form,
strength, etc., must be SAME
 Highly unlikely with Biosimilars –
 Characterization – still a challenge even for the innovators –
clinical trials may be needed to show comparability after process
changes
 Chances of “equivalence” conclusions faint as even a single amino
acid can throw off conclusion (e.g., HGH)
 Lovenox – only 70% characterized (but, is under an NDA and
recently approved under an ANDA)
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5.  Janet Woodcock, Director, Center for Drugs (before Congress,
March 2007):
 “there is general recognition that the idea of sameness, as the term
is used in the generic drug approval process under the Federal
Food, Drug, and Cosmetic (FD&C) Act and applied to small
molecules, will not usually be appropriate for more structurally
complex molecules of the type generally licensed as biological
products under the Public Health Service Act.”
Bioequivalence …
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6. Substitutability …
 Substitution -- core of classic Generic Industry Business
Model
 Depends on therapeutic equivalence
 Allows for minimal sales forces
 Drives pricing down -- multiple generics common – the generic
becomes a commodity
 Biosimilar world –
 Substitution – aka “interchangeability” -- may evolve, but on a very,
very limited basis
 Woodcock – must be able to handle repeated brand/follow-in switching
without adverse events
 Thus, business model will not be multiple generics & not a commodity
 Without interchangeability, the Biosimilar IS a branded drug
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7.  Biologics Price Competition & Innovation Act of 2009
(BPCIA)
 Creates an abbreviated pathway for “biosimilar” versions of
biologics, but gives FDA great flexibility/discretion in how it
implements statute
 Key features
 Abbreviated pathway created under the Public Health Service
Act (PHSA) by adding Subsection (k) to Section 351 of the
PHSA
 Exclusivity – 12 years for new biologics
 Complex handling of patents
 FDA – flexibility granted in how it regulates biosimilars
What Hath Health Care Reform Wrought?
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8.  Must be biosimilar to Reference Product, by including:
 Analytical studies to show your product is Highly similar to
the Reference Product (RP) – i.e, the Biosimilar has no
clinically meaningful differences from the RP in terms of
safety, purity and potency, notwithstanding minor differences
in clinically inactive components; and
 Animal Studies – including toxicity studies; and
 “A clinical study or studies” -- including assessment of
immunogenicity and pharmacokinetics or pharmacodynamics
 to show safe, pure and potent
 in 1 (one) or more appropriate conditions of use for which the RP
is licensed and intended to be used
What’s Required for a Biosimilar Application?
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9.  Must use same mechanism(s) of action – if the MOA is
known for the RP
 Conditions of use in labeling have to be previously
approved for the RP
 Must match RP as to:
 Route of administration
 Dosage form
 Strength
 Facility in which manufactured, processed, packed or
held – must meet standards designed to assure the
biosimilar continues to be: Safe. Pure. Potent.
 FDA – can decide any of the above are unnecessary
Required for a Biosimilar Application …
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10.  Not required – 351(k)(2)(B)
 To prove interchangeability – 351(k)(4)
 Drug must be biosimilar to RP
 BP “can be expected to produce the same clinical result” as
the RP “in any given patient”
 If BP is administered more than once to patient, the risk in
terms of safety or diminished efficacy of switching between
the BP and the RP is “not greater than the risk of using the
RP” without switching
 How to study – multiple switch study
Interchangeability
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11.  Only One RP per BP application – 351(k)(5)(A)
 Reviewing division – same as handled the RP – 351(k)(5)(B)
 REMS – authority under FDAAA applies to Biosimilars –
351(k)(5)(C)
 Biologics approved under Section 505 of Federal Food,
Drug, and Cosmetic Act as New Drug Applications
(NDAs)
 Can still be filed as NDAs
 However, if there is a PHSA licensed biologic, a biosimilar
application must be filed as a 351(k) application
 Ten years after enactment – all NDAs for biologics are deemed
approved under Section 351 of PHSA
Miscellaneous Rules
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12.  Guidances
 Not required prior to approval of a biosimilar application
 Regulations – also not mandated
 Product Class Specific Guidances
 Can be issued
 FDA – can issue one saying that the science is not sufficient to
allow a biosimilar application
 Later can be reversed
 Absence of such a guidance does not mandate that a biosimilar
application can be approved
 Pediatrics – all the rules and benefits under FDAAA for
both doing studies and pediatric exclusivity apply to
biologics
Miscellaneous …
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13.  How will FDA implement BPCIA?
 Teva – is pursuing full BLAs as of now –
 Leah Christl, Ph.D. – Acting Director in CDER for
Biosimilars
 FDA – Public Meeting on Biosimilars
 Oct. 5, 2010 Federal Register – 75 Fed. Reg. 61497
 Nov. 2 & 3, 2010 in Maryland (were webcast)
Uncertainty … Runs Rampant
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14.  Scientific and technical information on how to
implement the statute
 “Extra-statutory Issues”
 Pharmacovigilance
 Common or usual names
 Safeguards on unsafe substitution
 Bridging data needed when comparing a BP to an RP after
prior studies done on BP vs. a non-U.S. biologic (e.g., in EU)
Input FDA Sought at Hearing
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15. Small vs. Large Molecule Realities
 Small Molecule
 Therapeutically equivalent
 Same molecule
 Substitutable
 Price drives– and multiple
generics drive price down
 Insurance coverage follows
ANDA approval
 Marketing – cost sells; little need
for formal sales & marketing
staff
 Legal Pathway – clear under
Waxman-Hatch Act – 505(j)
 Biosimilar
 Not therapeutically equivalent
 Not same molecule
 Only substitutable if found
interchangeable
 Price difference to brand likely
smaller
 Separate coverage likely needed for
the Biosimilar
 Will require professional sales and
marketing staffs to drive utilization
vs. “Brand”
 Legal Pathway – clearer
 505(b)(2) – case-by-case -- for 10
yrs under BPCIA
 PHSA – new Biosimilar App.
 But can go full BLA
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16. Generics:
 Physicochemical identical to innovator drug
 Healthy subject pharmacokinetic equivalence to innovator
Biosimilars:
 Physicochemical characterization: similar to innovator
 Variable extent of preclinical data
 Extensive clinical database
 More like new drug application (NDA) than abbreviated new
drug application (ANDA)
Extensive Data Packages Needed
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17. Biosimilar: Extensive Data Package
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Data
Omnitrope®
(vs.
Genotropin®)
Valtropin®
(vs.
Humatrope®)
Physicochemical characterization,
purity
 
Nonclinical pharmacodynamics  
Nonclinical toxicology  
Standard BE pharmacokinetic study  
Additional human
pharmacodynamics
 
Clinical studies -- in growth
hormone deficient children
 
Additional immunologic data  

18. Call, e-mail, fax or write:
Michael A. Swit, Esq.
Vice President
The Weinberg Group Inc.
1422 Caminito Septimo
Cardiff by the Sea, CA 92007
Phone 760.452.6568
Fax 760.454.2979
Cell 760.815.4762
michael.swit@weinberggroup.com
www.weinberggroup.com
Questions?
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19. About your speaker…
Michael A. Swit, Esq., is a Vice President at THE WEINBERG GROUP, where he develops and ensures the
execution of a broad array of regulatory and other services to drug and biologics clients seeking to market products in
the United States. His expertise includes FDA development strategies, compliance and enforcement initiatives, recalls
and crisis management, submissions and related traditional FDA regulatory activities, labeling and advertising, and
clinical research efforts.
Mr. Swit has been addressing critical FDA legal and regulatory issues since 1984. His multi-faceted experience
includes serving for three and a half years as corporate vice president, general counsel and secretary of Par
Pharmaceutical, a prominent, publicly-traded, generic drug company and, thus, he brings an industry and commercial
perspective to his work with FDA-regulated companies. Mr. Swit then served for over four years as CEO of
FDANews.com, a premier publisher of FDA regulatory newsletters and other specialty information products for the
FDA-regulated community. His private FDA regulatory law practice has included service as Special Counsel in the
FDA Law Practice Group in the San Diego office of Heller Ehrman White & McAuliffe and with the Food & Drug
Law practice at McKenna & Cuneo, both in the firm’s Washington office and later in San Diego. He first practiced
FDA regulatory law with the D.C. office of Burditt & Radzius.
Mr. Swit has taught and written on a wide variety of subjects relating to FDA law, regulation and related commercial
activities, including, since 1989, co-directing a three-day intensive course on the generic drug approval process and
editing a guide to the generic drug approval process, Getting Your Generic Drug Approved. A former member of the
Food & Drug Law Journal Editorial Board, he also has been a prominent speaker at numerous conferences sponsored
by such organizations as RAPS, FDLI, and DIA. A magna cum laude graduate of Bowdoin College, he received his
law degree from Emory University Law School and is a member (inactive) of the California, D.C. and Virginia bars.
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