A federal judge in Philadelphia has preserved the attorney-client privilege for a pharmaceutical company that had been found to have defrauded the patent office.

A group of direct purchasers of Cephalon’s drug Provigil had asked the judge in the pay-for-delay case to grant a motion to compel thousands of privileged documents, arguing that the company’s fraud on the patent office would trigger the crime-fraud exception to the attorney-client privilege.

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