Apotex Inc. v. Cephalon, Inc.
Cases that cite this one
7 later published cases cite this decision.
- In re Modafinil Antitrust Litigation (3d Cir. 2016)
- Federal Trade Commission v. Cephalon, Inc. (District Court, E.D. Pennsylvania 2014)
- Dey, L.P. v. Teva Parenteral Medicines, Inc. (District Court, N.D. West Virginia 2013)
- Fairhaven Health LLC v. BioOrigyn LLC (District Court, W.D. Washington 2023)
- Apotex, Inc. v. Cephalon, Inc. (District Court, E.D. Pennsylvania 2017)
- Apotex, Inc. v. Cephalon, Inc. (District Court, E.D. Pennsylvania 2017)
- King Drug Co. of Florence, Inc. v. Cephalon, Inc. (District Court, E.D. Pennsylvania 2015)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We affirm the trial court’s judgments of invalidity and unenforceability with respect to Cephalon, Inc.’s (“Cephalon”) U.S. Reissue Patent No. 37,516. We do so with the understanding that the court’s inequitable conduct finding was based on the conduct of Dr. Peter Grebow and Mr. Richard Burgoon, while acting within the course and scope of their employment or as officers and/or employees of Cephalon. No pleading asserted that Mr. Paul T. Clark committed inequitable conduct, and we do not read the opinion below as finding that he personally committed inequitable conduct.
AFFIRMED
Case-law data current through December 31, 2025. Source: CourtListener bulk data.