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Patent Law

: Philip Brooks’ Patent Infringement Updates

Cephalon Files Patent Infringement Lawsuit Against Teva Pharmaceuticals

By Philip Brooks

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The following is from a December 3, 2009 Datamonitor Financial Deals Tracker item via COMTEX:

Cephalon, Inc. has filed a lawsuit in the US District Court in Delaware against Teva Pharmaceuticals USA, Inc., a subsidiary of Teva Pharmaceutical Industries, Ltd., for infringement of US patent numbers 7,132,570, 7,297,346 and RE37,516 for the Cephalon product Nuvigil(R) (Armodafinil) tablets [C-IV].

Cephalon is a US-based biopharmaceutical company, while Teva Pharmaceutical Industries is a Japan-based pharmaceutical company.

The lawsuit is based upon an Abbreviated new drug application (ANDA) filed by Teva seeking FDA approval for a generic equivalent of Armodafinil to be sold in the US. Teva alleges that the above Nuvigil patents are invalid, unenforceable and/or will not be infringed by Teva's manufacture, use or sale of the product described in its ANDA.

Full post as published by Philip Brooks’ Patent Infringement Updates on December 03, 2009 (boomark / email).

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