US court claims against Cephalon and Generic Drugmakers survive | Practical Law
On 29 March 2010, a federal judge denied the motions of Cephalon and several generic drugmakers to dismiss federal antitrust claims alleging that Cephalon's reverse payment settlements with generic drugmakers anti-competitively delayed generic drug entry. The court rejected a per se analysis and noted that the proper standard for evaluating reverse payment settlements is whether the settlements grant rights beyond the scope of the patents.