The Federal Trade Commission’s crusade against “pay for delay” patent settlements between brand name and generic drug makers got a boost Monday when a district court judge refused to dismiss a 2008 antitrust suit against Cephalon Inc.

The case, now consolidated in U.S. District Court for the Eastern District of Pennsylvania, involves reverse payment settlements over the drug Provigil. The medicine, used to treat excessive sleepiness in people with sleep disorders, had sales of over $920 million in 2008.

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