Judge Questions Validity Of Cephalon's Epilepsy Drug Patent

Law360, New York (December 20, 2012, 5:52 PM EST) -- A New Jersey federal judge on Thursday declined to block sales of Sun Pharmaceutical Industries Ltd.'s generic version of Cephalon Inc.'s anti-epilepsy drug, saying Cephalon had failed to prove infringement and raising questions about its patent's validity.

According to U.S. District Judge Freda L. Wolfson, the evidence the drugmakers had produced during a two-day hearing over Cephalon's preliminary injunction motion sparked more questions than it answered. This led her to believe prior art will invalidate Cephalon's patent protecting its version of tiagabine hydrochloride, marketed as Gabitril....
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