Processing Magazine

Cephalon sues Teva over patent infringement

December 3, 2009
The Associated Press reports that Cephalon Inc. filed suit against Teva Pharmaceutical Industries Inc., which is trying to sell a generic version of Cephalon''s sleep disorder drug Nuvigil. Cephalon, of Frazer, Pa., said Teva USA is violating two patents supporting Nuvigil in trying to get its generic approved. Cephalon said it has marketing exclusivity for Nuvigil until June 2010, and accused Teva of infringing on patents that don''t expire until 2015 and 2024. Teva filed for FDA approval of its generic in October. Cephalon''s suit triggers a mandatory waiting period that will prevent the FDA from approving generic Nuvigil for the next 30 months, or until a court makes a ruling on the lawsuit.