Cephalon Patent Found Invalid In Pay-For-Delay Case

Law360, New York (October 31, 2011, 7:40 PM EDT) -- The Pennsylvania federal judge overseeing consolidated suits accusing Cephalon Inc. of conspiring to keep generic versions of its narcolepsy drug Provigil off the market ruled Monday that Apotex Inc. had proven Cephalon's patent for the drug was invalid and unenforceable.

U.S. District Judge Mitchell S. Goldberg ruled Cephalon's U.S. Patent Number RE'516 was invalid because the claimed invention was on sale more than a year before the company applied for its patent and because it was obvious and lacked a written description. The judge further found...
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