Cephalon Mustn't Talk IP At Pay-For-Delay Trial, FTC Says

Law360, New York (September 24, 2013, 6:54 PM EDT) -- The Federal Trade Commission asked a Pennsylvania federal judge Friday to bar Cephalon Inc. from discussing the validity of its patent for narcolepsy drug Provigil at trial, pointing to a recent U.S. Supreme Court ruling that held the issue of patent validity needn't be addressed in antitrust cases.

The FTC originally filed suit in 2008, alleging Cephalon fraudulently obtained patents for Provigil and ran a scheme to pay generic-brand competitors to keep their competing drugs off the market for over six years.

The case was recently...
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