Vanda is a company that manufactures drugs. This pharmaceutical manufacturer is unique because it only produces two drugs: Fanapt and Hetlioz. The former is an antipsychotic medication that doctors often prescribe to patients in California and elsewhere who have been diagnosed with schizophrenia. The latter is a drug that regulates a person’s “natural rhythms” or “circadian cycles.” Vanda has filed a lawsuit against the federal government, claiming that the Food and Drug Administration revealed its trade secrets to companies that make generic versions of the two drugs.
Before a company can sell products like Fanapt or Hetlioz in the United States, it must seek FDA approval. Vanda claims that after doing so, the FDA then gave confidential information to other companies. The FDA approved Vanda’s products, then also approved generic products made by the other companies in question.
Vanda claims the FDA makes a habit of stealing trade secrets
In its claim against the federal government, Vanda alleges that the FDA often provides confidential information it obtains from companies during the approval process to companies that manufacture generic forms of the same drugs. Vanda also claims that the information it believes the FDA has provided to generic drug manufacturers regarding its products has to do with dissolution specifications, which affect the safety and efficacy of a drug. The FDA indicated it will not comment on any issue that is currently pending litigation.
Legal support is available for those facing intellectual property law issues
If a California business owner believes an individual or company has stolen its trade secrets to use them for financial gain, the business owner is entitled to file a legal claim seeking restitution for damages. This is a complex area of law, which is best handled by an experienced attorney. A first step to take to resolve a trade secrets problem is to schedule a consultation with an attorney who is well-versed in intellectual property laws.