A magistrate judge in Washington, D.C., has granted a rarely approved request for discovery in a CEO’s fight to avoid a subpoena in an FTC investigation that stems from a reverse-payment settlement between Frazer, Pa.-based Cephalon Inc. and Watson Pharmaceuticals.
Watson Chief Executive Officer Paul M. Bisaro sought discovery in the U.S. Federal Trade Commission’s court action against him in its efforts to enforce a subpoena it issued last year. Bisaro alleged the FTC went outside the scope of its regulatory and enforcement authority by trying to broker a deal between Watson and another generic pharmaceutical company so that Watson would give up any exclusivity it may have had in regard to marketing its generic form of Cephalon sleep-disorder drug Provigil.
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