Cephalon, Inc. v. Sebelius

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) CEPHALON, INC., ) ) Plaintiff, ) ) v. ) Civil Action No. 11-542 (ESH) ) KATHLEEN SEBELIUS, ) Secretary of Health and Human ) Services, et al., ) ) Defendants. ) ) MEMORANDUM OPINION Plaintiff Cephalon, Inc., a Delaware corporation with its principal place of business in Pennsylvania, has sued Kathleen Sebelius, the Secretary of Health and Human Services, and Margaret Hamburg, the Commissioner of the Food and Drug Administration, in their official capacities. Plaintiff, the manufacturer of Fentora, a name brand or “pioneer” drug,…