Teva Pharmaceutical’s Cephalon and state attorneys general on Thursday announced a $125 million, 48-state settlement after an investigation into the company’s delaying of generic versions of Provigil, reports Regulatory Affairs Professionals Society.
The settlement with every state and Washington, DC (but not including California and Louisiana) follows a $1.2 billion settlement Cephalon made with the Federal Trade Commission from May 2015.
According to the New York Attorney General, as patents preventing generic competition to Provigil neared expiration, an investigation found that Cephalon intentionally defrauded the Patent and Trademark Office to secure an additional patent, which a court subsequently deemed invalid and unenforceable.
