Cephalon's Provigil Patent Is Enforceable, Fed. Circ. Told

Law360, Washington (April 3, 2013, 4:26 PM EDT) -- Cephalon Inc. urged a Federal Circuit panel on Wednesday to reverse a lower court's ruling that its patent for narcolepsy drug Provigil is unenforceable due to inequitable conduct, claiming Apotex Inc. couldn't prove Cephalon deliberately deceived regulators when it received patent protection.

Apotex had claimed a French company called Laboratoire Lafon actually invented a version of modafinil, the active ingredient in Provigil, with a smaller particle size, and said Cephalon hid that information from the U.S. Patent and Trademark Office. But Cephalon argued the court and...
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