Pharmacy Seeks To Send Provigil Suit To State Court

Law360, New York (October 19, 2010, 3:53 PM EDT) -- Tennessee-based Jabo's Pharmacy Inc. has moved to remand to state court its lawsuit accusing Cephalon Inc. and several generics makers — including Barr Pharmaceuticals Inc. and Teva Pharmaceutical Industries Ltd. — of conspiring to keep a generic version of narcolepsy drug Provigil off the market.

In a motion Monday, the pharmacy claimed a Tennessee state court is better equipped than the U.S. District Court for the Eastern District of Pennsylvania to determine whether Cephalon and the generics makers violated state antitrust law.

“Jabo's Pharmacy maintains that...
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