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Cephalon To Pay $1.2B To End FTC Pay-For-Delay Suit

Law360, New York (May 28, 2015, 9:24 AM EDT) -- Cephalon Inc. agreed Thursday to pay $1.2 billion to settle a long-running antitrust suit accusing the company of paying generic-drug makers to hold off on launching their own version of narcolepsy treatment Provigil, handing the Federal Trade Commission a major victory in its decadelong campaign against so-called pay-for-delay patent settlements.

The FTC said Teva Pharmaceutical Industries Ltd., which now owns Cephalon, could count its settlement with private plaintiffs in related litigation toward that total disgorgement figure. Cephalon agreed in April to pay direct purchasers $512 million to exit...
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