Vanda Pharmaceuticals says court denied in part U.S. motion to dismiss

Vanda Pharmaceuticals announced that the United States Court of Federal Claims in Washington, D.C. denied in part the government’s motion to dismiss Vanda’s claim against the United States for the Food and Drug Administration’s “uncompensated taking of Vanda’s trade secrets and confidential information.” Vanda is seeking compensation from the United States “for the takings it contends occurred through the FDA’s improper communication and disclosure of trade secrets and confidential information to certain generic drug manufacturers.” Vanda filed the lawsuit on May 1, 2023, and the United States moved to dismiss. On January 8, the court held an oral argument on the government’s motion. On January 18, the court denied the government’s motion in part, allowing Vanda’s takings claim to move forward. Vanda now intends to engage in discovery to support its claims.