Cephalon: FTC's Challenge To Patent Settlements

Law360, New York (February 19, 2008, 12:00 AM EST) -- Last week, the Federal Trade Commission (“FTC” or “commission”) brought the latest in a series of challenges to patent settlements between brand and generic firms in the pharmaceutical industry.

The current suit challenges brand firm Cephalon’s settlements with four generic firms regarding the company’s $800 million drug Provigil. The FTC alleges that these settlements – and, in particular, the payments from Cephalon to the generic firms accompanying each of these settlements – caused the generic firms to delay their entry into the market until 2012....
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