Judge Says Apotex Generic Doesn't Infringe Cephalon Patent

Law360, New York (March 30, 2012, 3:49 PM EDT) -- A Pennsylvania federal judge on Wednesday said an abbreviated new drug application by Apotex, Inc. does not infringe Cephalon Inc.’s patent for its narcolepsy drug Provigil, finding Apotex’s method for producing its proposed generic differs from Cephalon’s process.

U.S. District Judge Mitchell S. Goldberg ruled that Cephalon failed to prove that a milling procedure designed to reduce the size of particles that make up Apotex’s proposed version of Provigil alters the medication to such a degree that that it infringes on Cephalon’s patent.

Judge Goldberg held...
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