Cephalon Says Patent Toss Doesn’t Bar Pay-For-Delay Defense

Law360, Philadelphia (January 23, 2014, 8:55 PM EST) -- Cephalon Inc. told a Pennsylvania federal judge Thursday that it should be allowed to defend a series of pay-for-delay deals it struck with generic-drug competitors over the narcolepsy drug Provigil during a potential trial on antitrust claims brought by several purchaser classes.

James Burling, an attorney with WilmerHale representing Cephalon, said during oral arguments that the company was prepared to argue that there were alternate and pro-competitive benefits to deals it struck with competitors to avoid generic versions of the drug from coming to market despite...
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