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" ... When I served as general counsel of the biopharmaceutical company Cephalon, we faced this very question: should we litigate to defend our patent in the face of the validity and infringement challenges that were made by four different generic companies, or should we try to settle the lawsuit under a series of separate agreements with each of the challengers? As a relatively small, publicly traded company that relied heavily on sales of the challenged product Provigil® (modafinil), we faced significant risk to our business that was reflected in our stock price as investors found it increasingly difficult to predict the outcome of the patent dispute. ... "