FTC Eyes Disgorgement In Cephalon Pay-For-Delay Fight

Law360, New York (November 19, 2013, 5:11 PM EST) -- The Federal Trade Commission told a Pennsylvania federal court Monday that the launch of generic versions of Cephalon Inc.’s Provigil did not moot its pay-for-delay suit against the drugmaker, because it can still pursue the billions of dollars Cephalon made while the deals were in place.

Cephalon told a Pennsylvania federal court in late September that the long-running case should be dismissed despite the U.S. Supreme Court's recent ruling allowing pay-for-delay antitrust challenges in FTC v. Actavis because, among other reasons, it was moot now that...
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