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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