Apotex Doesn't Infringe Provigil Patent, Judge Says

Law360, New York (March 17, 2011, 1:47 PM EDT) -- The Pennsylvania federal judge overseeing consolidated suits accusing Cephalon Inc. of conspiring to keep generic versions of narcolepsy drug Provigil off the market ruled Tuesday that Apotex Inc.'s proposed generic does not infringe a Cephalon patent.

Judge Mitchell S. Goldberg of the U.S. District Court for the Eastern District of Pennsylvania granted Apotex's motion for summary judgment that its abbreviated new drug application to market a generic version of Provigil did not infringe U.S. Patent Number 7,297,346.

Cephalon argued in a cross-motion for summary judgment that...
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