Legal Opinion
Federal Trade Commission v. Cephalon, Inc.
District Court, E.D. Pennsylvania
Decided April 15, 2015No. Civil Action No. 2:08-CV-2141PublishedCited by 1 opinion
1Opinion of the Court
*435 MEMORANDUM OPINION
GOLDBERG, District Judge.
This case emanates from several Hatch-Waxman “reverse payment” settlement agreements entered into between Defendant Cephalon, Inc. (“Cephalon”) and four generic drug companies.1 Presently before me is Cephalon’s motion to preclude the Federal Trade Commission (“FTC”) from seeking disgorgement of Cephalon’s past profits for the years 2007 through 2012.2 For reasons that follow, I will deny Cephalon’s motion.
I. BACKGROUND AND PROCEDURAL HISTORY
Cephalon owned U.S. Patent No. RE 37,516 (“the RE '516 patent”) which' claimed a specific formulation of…
2Cases cited22 opinions
- Chafin v. ChafinSupreme Court of the United States · 2013
- Porter v. Warner Holding Co.Supreme Court of the United States · 1946
- Mitchell v. Robert DeMario Jewelry, Inc.Supreme Court of the United States · 1960
- Meghrig v. KFC Western, Inc.Supreme Court of the United States · 1996
- Alexander Kahan, on Behalf of Himself and All Others Similarly Situated v. Lewis RosenstielCourt of Appeals for the Third Circuit · 1970
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3Cited by1 opinion
- Fed. Trade Comm'n v. Abbvie Inc.District Court, E.D. Pennsylvania · 2018