Texas is one of 48 states to share in a $125 million settlement with pharmaceutical company Cephalon related to a drug monopoly of the narcolepsy drug it produces, Provigil. The states alleged that Pennsylvania-based Cephalon caused generic versions of the drug to be delayed for several years.
In a release, Attorney General Ken Paxton said the company “intentionally defrauded” the Patent and Trademark Office by filing for a false patent, which was held up in court. While awaiting a decision, several generic versions of the drug were stalled from hitting the market. The Federal Trade Commission settled its suit with the company for $1.2 billion, and Cephalon settled other lawsuits with the generic drugmakers in 2005 and 2006.
As part of the settlement, consumers will share in a $35 million portion of the ruling.