Inequitable Conduct Won't Undo Attorney-Client Privilege

Law360, New York (January 9, 2014, 10:02 PM EST) -- The deceit Cephalon Inc. researcher and attorney allegedly used to obtain a patent for the drug Provigil didn't exempt communications between the drugmaker and its lawyers from attorney-client privilege, a Pennsylvania federal judge ruled Thursday, denying a motion in a pay-for-delay class action.

U.S. District Judge Mitchell Goldberg said the direct purchasers who sued Cephalon over its alleged efforts to keep a generic form of its narcolepsy drug off the market lacked evidence that the thousands of documents they requested facilitated future fraud, failing to clear...
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