The U.S. District Court for the Eastern District of Pennsylvania adopts "scope of patent" test for analyzing Hatch-Waxman patent settlements (Cephalon)

On March 29, 2010, Judge Mitchell S. Goldberg upheld antitrust lawsuits filed by the Federal Trade Commission (FTC) and private plaintiffs against drug maker Cephalon, Inc. (Cephalon), alleging that Cephalon conspired with four generic drug manufacturers to delay generic competition for the wakefulness drug Provigil. [1] Despite refusing to dismiss the cases, Judge Goldberg adopted the “scope of the patent” test to evaluate the sufficiency of the complaints, keeping in line with the consensus among federal courts that have evaluated the legality of Hatch-Waxman patent litigation settlements. [2] Judge Goldberg’s unwillingness to dismiss the complaints stemmed from the

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Fordham Competition Law Institute - FCLI (New York)

Quotation

Gary A. MacDonald, Steven C. Sunshine, James A. Keyte, The U.S. District Court for the Eastern District of Pennsylvania adopts "scope of patent" test for analyzing Hatch-Waxman patent settlements (Cephalon), 29 March 2010, e-Competitions Patents Settlements, Art. N° 45516

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