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Cephalon: FTC's Shot At Reverse Payments

Law360 (February 15, 2008, 12:00 AM EST) -- The Federal Trade Commission has taken the next step in its long battle against “reverse payment settlements” that some argue delay entry by generic pharmaceutical manufacturers.

On Feb. 13, 2008, the FTC filed a complaint against Cephalon Inc., alleging that the company illegally extended its monopoly over its sleep disorder drug, Provigil, by paying four generic drug manufacturers to delay entry as part of patent litigation settlements with each generic.

According to the Commission, each of these four agreements is an unlawful act of monopolization....
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