FTC Can Seek Disgorgement In Cephalon Suit, Judge Says

Law360, New York (April 16, 2015, 1:48 PM EDT) -- The Federal Trade Commission can pursue billions of dollars Cephalon Inc. allegedly made through a series of pay-for-delay deals meant to stave off competition with its blockbuster narcolepsy drug, a Pennsylvania federal judge ruled Wednesday.

U.S. District Judge Mitchell Goldberg rejected a number of arguments from Cephalon, allowing the FTC to seek disgorgement of profits the company allegedly secured between 2007 and 2012 by using a fraudulent patent to pay generic-drug makers to delay launching their own versions of Provigil.

The watchdog agency's expert has estimated...
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Case Title

FEDERAL TRADE COMMISSION v. CEPHALON, INC.


Case Number

2:08-cv-02141

Court

Pennsylvania Eastern

Nature of Suit

Other Statutes: Anti-Trust

Judge

MITCHELL S. GOLDBERG

Date Filed

May 8, 2008

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