Apotex's Claim Of Provigil Monopoly To Be Decided At Trial

By Vin Gurrieri (August 19, 2014, 3:32 PM EDT) -- A Pennsylvania federal judge on Tuesday refused to grant Apotex Inc. summary judgment that Cephalon Inc. had monopoly power over the market for modafinil, the active ingredient in the narcolepsy drug Provigil, saying that disputed issues exist that should be resolved at trial.

In rejecting Apotex's partial summary judgment motion over Cephalon's purported monopoly power over the modafinil market, U.S. District Judge Mitchell S. Goldberg said that Apotex failed to prove that undisputed facts exist to warrant such a ruling before trial.

"All the briefing and exhibits highlight that this is not a motion appropriately resolved on summary judgment," Judge Goldberg...

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