Pharmacy Drops Provigil Class Suit Against Cephalon

Law360, New York (December 6, 2010, 2:46 PM EST) -- Jabo’s Pharmacy Inc. has dropped its proposed indirect purchaser class action alleging Cephalon Inc. and generic-drug makers including Barr Pharmaceuticals Inc. conspired to keep a generic version of narcolepsy drug Provigil off the market.

Judge Mitchell Goldberg of the U.S. District Court for the Eastern District of Pennsylvania ordered the case closed Thursday after the pharmacy lodged a notice to voluntarily dismiss the suit.

Attorneys representing the parties did not return calls seeking comment.

The dismissal bid came weeks after the judge vacated an Oct. 4...
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