Cephalon Defeats Conspiracy Claim in Pay-for-Delay Agreements

, The Legal Intelligencer


Four "pay-for-delay" agreements that Cephalon entered into with separate generic drug manufacturers eight years ago don't establish a conspiracy among the companies, a federal judge has ruled.
In the agreements, Cephalon paid a "substantial amount of money" to the generic companies, U.S. District Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania said, and the companies agreed to enter the market for a lucrative narcolepsy drug in April 2012.

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