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Teva and Cephalon settle patent dispute

Cephalon has granted Teva a non-exclusive royalty-bearing right to market and sell a generic version of its narcolepsy drug, Provigil. This agreement brings to an end the companies' patent infringement dispute over the drug.

Teva’s license in the US will become effective in October 2011 unless there is a pediatric extension for the drug, which would delay the entry date by six months to April 2012.

Outside the US, the parties agreed to comparable terms for the license effective date, which generally allow for entry in October 2012. Teva may launch its generic product earlier than this if another generic version is launched.

Also, Teva has agreed to grant to Cephalon a non-exclusive license, effective immediately, to its worldwide intellectual property rights related to the manufacture, development and formulation of its generic version of Provigil, modafinil, in exchange for royalty payments.

Financial terms were not disclosed.