The Federal Trade Commission’s long-running suit against Cephalon Inc. and several generic manufacturers will be heading to trial as a federal judge found that the total payments Cephalon (now Teva Pharmaceutical Industries Ltd.) made to settle Provigil (modafinil) patent infringement suits “greatly exceed saved litigation expenses.”
Teva Pay-For-Delay Plausible; Judge Finds Payments Exceed Litigation Costs
Focused on $300 million in payments Cephalon made to generic firms to settle Provigil patent suits, case is second to proceed to trial since Supreme Court’s Actavis decision.
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