Cephalon will grant Mylan a non-exclusive royalty-bearing right to market and sell a generic version of Provigil in the US from October 2011, unless Cephalon obtains a pediatric extension for the drug which would delay entry by Mylan until April 2012.
Mylan may launch its generic version of the drug earlier than October 2011 in the event of another company releasing a generic version of the sleep disorder medicine. The financial terms of the deal were not disclosed.
The parties will now file a dismissal with the United States District Court for the District of New Jersey that will conclude all pending litigation between them regarding Provigil.
Cephalon previously struck similar deals relating to generic versions of the drug made by Teva Pharmaceutical’s and Ranbaxy Laboratories.