Five years ago Apotex Inc. was thwarted in its plans to make a generic version of Provigil, the bestselling anti-narcolepsy drug manufactured by Cephalon Inc. Apotex responded by filing suit, claiming that a Cephalon patent relating to Provigil was invalid.
On Monday, U.S. District Judge Mitchell Goldberg agreed, ruling that the patent was invalid because a French company was the true inventor of the formulation in Cephalon’s patent application. Cephalon acquired the French company, Laboratoire Lafon, in 2001.
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