Philadelphia Business Journal - by John George -- Cephalon lost a patent battle Thursday and said, in documents filed with the Securities and Exchange Commission, that it is “reviewing the court’s opinion and is evaluating its options, including an appeal.”
What makes the situation unique is that one of the generic drug companies that emerged victorious is Teva Pharmaceuticals, which is in the process of buying Cephalon for $6.8 billion.
The lawsuit, which also involved generic drug companies Mylan Pharmaceuticals Inc. and Barr Laboratories, challenged to the validity of the patents for Amrix, a muscle relaxant distributed by Cephalon of Frazer, Pa.
The court found the patents to be invalid.
Teva of Israel has its North American headquarters in North Wales, Pa. The company, seeking to build up its branded pharmaceuticals business, made its $81.50 per share offer for Cephalon earlier this month. The bid came after Cephalon’s board, which supports the Teva offer, rejected a hostile takeover bid of $73 per share from Valeant Pharmaceuticals International of Canada.
