The U.S. District Court for the Eastern District of Pennsylvania sends second reverse-payment case to trial (Cephalon)

On January 28, 2015, Judge Mitchell Goldberg of the U.S. District Court for the Eastern District of Pennsylvania denied defendants’ summary judgment motions, sending the second reverse-payment-settlement case to trial. In King Drug Company of Florence v. Cephalon, 2015 WL 356913 (E.D. Pa. Jan. 18, 2015), Judge Goldberg found that plaintiffs “satisfied their burden of presenting evidence of anticompetitive effects” and that there existed a factual dispute on whether the settling parties’ justifications were “pretextual.” Id. at *1. Facts The case involves Cephalon’s Provigil, a wakefulness drug that treats sleep disorders. Id. at *2. Cephalon obtained a patent on certain formulations of the active ingredient in Provigil. Id. On December 24, 2002, four generic firms—Barr, Mylan, Ranbaxy, and

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Michael Carrier, The U.S. District Court for the Eastern District of Pennsylvania sends second reverse-payment case to trial (Cephalon), 28 January 2015, e-Competitions Bulletin January 2015, Art. N° 71871

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