Federal Trade Commission Continues March “to Set a Standard for the Industry” with Cephalon Settlement* On May 28, the Federal Trade Commission (“FTC”) announced it had reached a $1.2 billion settlement with Teva Pharmaceuticals, [1] which acquired Cephalon in 2012, over reverse payment for its narcolepsy drug, Provigil. The Cephalon settlement also has non-monetary terms that bar Cephalon from entering agreements that include (i) payments to a generic filer and (ii) an agreement by a generic filer not to develop or market a drug within 30 days of a patent settlement that impedes generic entry. [2] The FTC has lauded the outcome of Cephalon—its first settlement post-Actavis [3]—with FTC Chairwoman Edith
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The US FTC reaches a settlement with a pharmaceutical company and continues its march “to set a standard for the industry” in pay-for-delay settlement cases (Cephalon)
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