A D.C. magistrate judge has granted a rarely approved request for discovery in a CEO's fight to avoid a subpoena in an FTC investigation that stems from a reverse-payment settlement between Cephalon and Watson Pharmaceuticals. Watson's CEO alleged the FTC went outside the scope of its authority by trying to broker a deal between Watson and another generic pharmaceutical company so Watson would give up any exclusivity it may have had in marketing its generic form of Cephalon sleep-disorder drug Provigil.
Judge, in Rare Move, Allows Discovery in FTC Enforcement Action
The Legal Intelligencer
July 15, 2010