Category Archives: IP

This Week’s Life Science Headlines

        Litigation

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Cephalon’s Billion Dollar Patent Struck Down

On April 8, 2013, the Federal Court upheld the trial court’s judgment of invalidity and unenforceability for Cephalon’s RE’516 patent.  Cephalon’s RE’516 patent used to protect their mainstay drug – Provigil®.  Provigil® is the brand name for modafinil which is used to treat sleep disorders.  In 2007, Cephalon, now owned by Teva Pharmaceuticals, had over $800 million in sales from Provigil®. Apotex, a generic drug manufacturer, challenged the validity and enforceability of Cephalon’s RE’516 patent, in Apotex, Inc. v. Cephalon Inc.  The trial court found…

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