Bloomberg Law
December 28, 2018, 9:11 PM UTC

Teva, Cephalon Get Some Claims Trimmed in Post-Merger Suit

Jennifer Bennett
Associate Legal Intelligence Reporter

Drugmaker Cephalon Inc. won’t have to face some investor claims in a suit over its 2010 purchase of Ception Inc., a Delaware judge said Dec. 28.

Former Ception investors said Cephalon didn’t fulfill its promise to pursue the development of a new antibody. Cephalon must face the breach of contract claim, but not the breach of implied covenant of good faith and fair dealing claim, according to the Delaware Chancery Court opinion.

Teva Pharmaceutical Industries Ltd., which acquired Cephalon in 2011, won’t have to defend against the investors’ tortious interference claim, the opinion said.

When Cephalon bought Ception, it ...

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