Fed. Circ. Calls Foul On Cephalon's Provigil Patent

Law360, New York (April 8, 2013, 5:17 PM EDT) -- The Federal Circuit on Monday found Cephalon Inc.’s patent for narcolepsy medicine Provigil invalid and unenforceable, siding with Apotex Inc.'s argument that Cephalon officials purposely didn’t tell regulators another company had invented the drug.

The single-paragraph ruling, which upheld a district judge’s decision from 2011, found that so-called inequitable conduct was committed by Dr. Peter Grebow, who was listed as lead inventor on the patent, and Richard Burgoon, patent counsel for Cephalon.

Generic-drug maker Apotex had claimed a French company called Laboratoire Lafon had actually invented...
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