Cephalon (CEPH) Files Patent Infringement Lawsuit Against Teva (TEVA)
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Cephalon, Inc. (Nasdaq: CEPH) filed a lawsuit in U.S. District Court in Delaware against Teva Pharmaceuticals USA, Inc. (Nasdaq: TEVA) for infringement of U.S. Patent Nos. 7,132,570, 7,297,346 and RE37,516 for the Cephalon product NUVIGIL Tablets.
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 United States. 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.
"We believe that our NUVIGIL patents, approved by the US Patent & Trademark Office, are valid, enforceable and are infringed by the proposed Teva ANDA product ," said Jerry Pappert, Executive Vice President and General Counsel. "
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