Cephalon sues Teva over sleep drug Nuvigil

AP News
Posted: Dec 02, 2009 5:26 PM

Cephalon Inc. said Wednesday it filed suit against Teva Pharmaceutical Industries Inc., which is trying to sell a generic version of Cephalon's sleep disorder drug Nuvigil.

Cephalon, of Frazer, Pa., said Teva USA is violating two patents supporting Nuvigil in trying to get its generic approved. Cephalon said it has marketing exclusivity for Nuvigil until June 2010, and accused Teva of infringing on patents that don't expire until 2015 and 2024.

Teva, the world's largest generic drugmaker, filed for FDA approval of its generic in October. Cephalon's suit triggers a mandatory waiting period that will prevent the FDA from approving generic Nuvigil for the next 30 months, or until a court makes a ruling on the lawsuit.

Teva did not immediately respond to requests for comment.

In aftermarket trading, Cephalon shares fell 72 cents to $55.35, having closed earlier at $56.07, up 75 cents on the day. Teva shares finished earlier up 56 cents at $53.94.