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The generic companies did not receive final approval because on March 28, 2003, Cephalon filed patent infringement lawsuits against each of the generic companies. While these lawsuits were pending, the generic companies presented strong evidence that cast serious doubt on the enforceability of Cephalon’s patent, the validity of the patent’s claims, and the strength of Cephalon’s infringement theory. For example, the generic companies claimed that Cephalon’s submission to the patent office contained many intentional misrepresentations. Despite the strength of their arguments, in late 2005 and early 2006, all four generic companies settled their cases with Cephalon. Under these settlement agreements, each generic company agreed to keep their generic versions of Provigil off the market until 2011 or 2012. The settlement agreements also provided the generic companies with cash payments, supposedly in exchange for certain licensing and supply/inventory agreements. The three payments to Teva, Ranbaxy and Barr alone totaled up to $136 million.
PAL Member Litigation
The Court has been considering defendant's motion to dismiss since November 3, 2006. On April 28, 2008, a lawsuit filed by the FTC against defendant Cephalon Corp. for the same conduct was transferred to the court (E.D. Pa.) on April 28, 2008, to be handled along with this private consumer lawsuit.
Update March 2010:
Court: U.S. District Court for the District of Pennsylvania.
Proposed Provigil Plaintiff Class: Class members who may ultimately be eligible to participate in a possible settlement or judgment from this lawsuit include all persons and third-party payors who paid some or all of the purchase price for Provigil from December 23, 2003 to present.