Antitrust Claims Survive In Cephalon Pay-To-Delay War

Law360, New York (March 29, 2010, 6:59 PM EDT) -- A federal judge has largely preserved antitrust claims in 16 cases lodged against Cephalon Inc. and other drugmakers over allegations that they struck anti-competitive deals in patent suits to keep generic forms of narcolepsy treatment Provigil off the market.

Judge Mitchell S. Goldberg of the U.S. District Court for the Eastern District of Pennsylvania on Monday largely denied the drugmakers’ requests to dismiss the antitrust claims, except for claims under certain state statutes.

While a patent does provide protection for the active ingredient for the drug,...
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