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F.T.C. v. CEPHALON, INC.

Civil Action No. 08-0244 (JDB).

551 F.Supp.2d 21 (2008)

FEDERAL TRADE COMMISSION, Plaintiff, v. CEPHALON, INC., Defendant.

United States District Court, District of Columbia.

April 28, 2008.

Attorney(s) appearing for the Case

Markus Meier, Federal Trade Commission, Washington, DC, for Plaintiff.

Eric J. Mahr, Wilmer Cutler Pickering Hale and Dorr, LLP, Washington, DC, for Defendant.

MEMORANDUM OPINION

JOHN D. BATES, District Judge.

Defendant Cephalon, Inc., is the manufacturer of the prescription wakefulness drug known as Provigil. Cephalon also owns a patent relating to the "particle size composition" of Provigil's active ingredient, modafinil. In late December 2002, Cephalon instituted a single patent infringement case against four pharmaceutical companies that had applied...

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