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King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., No. 06-1797 (E.D. Pa.)


In this case, nicknamed Provigil, Faruqi & Faruqi, LLP represents a pharmaceutical wholesaler and a proposed class of direct purchasers of Cephalon’s (now Teva’s) branded wakefulness drug, Provigil (modafinil).  The case alleges that that the brand manufacturer, Cephalon, conspired with 4 generic competitors not to launch their generic versions of Provigil, as part of a larger scheme to monopolize the relevant product market and exclude generic competition in violation of §§ 1 and 2 of the Sherman Act.  As a result of the scheme, the suit alleges, direct purchasers of Provigil were overcharged over $1 billion on their purchases of modafinil.

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Peter Kohn
Joseph T. Lukens

Faruqi & Faruqi, LLP
1617 JFK Boulevard, Suite 1550
Philadelphia, PA 19103
Tel: (215) 277-5770


Case Details


  • 04/27/2006

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