A Pennsylvania federal judge on Tuesday refused to grant Apotex Inc. summary judgment that Cephalon Inc. had monopoly power over the market for modafinil, the active ingredient in the narcolepsy drug Provigil, saying that disputed issues exist that should be resolved at trial. Vin Gurrieri reported for Law 360 in Apotex’s Claim Of Provigil Monopoly To Be Decided At Trial.

In rejecting Apotex’s partial summary judgment motion over Cephalon’s purported monopoly power over the modafinil market, U.S. District Judge Mitchell S. Goldberg said that Apotex failed to prove that undisputed facts exist to warrant such a ruling before trial. Howard Langer represents Apotex Inc., a generic manufacturer that says it was harmed by the alleged antitrust conspiracy. Apotex, Inc. v Cephalon, Inc. et al