Cephalon Tries To Quash FTC Pay-For-Delay Suit

By Elaine Meyer

Law360, New York (September 01, 2009, 2:43 PM ET) -- Cephalon Inc. has asked a federal judge to dismiss the Federal Trade Commission's ongoing antitrust suit alleging that the drugmaker illegally paid off generics competitors in a reverse payment agreement over the patent for narcolepsy drug Provigil.

The pharmaceutical giant filed a motion to dismiss the case with prejudice Aug. 31 in the U.S. District Court Eastern District of Pennsylvania, claiming that the agreement in question was not anti-competitive.

In a strongly worded motion, Cephalon disputed the FTC's claims that it had violated Section 2 of...
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