K-Dur Direct Purchasers Appeal Antitrust Suit Ruling

Law360, New York (April 13, 2010, 1:23 PM EDT) -- Direct purchasers of the potassium supplement K-Dur 20, including CVS Pharmacy Inc. and Rite Aid Corp., have appealed a judge's decision to throw out a reverse payment antitrust class action that accused Schering-Plough Corp., now a part of Merck & Co. Inc., and Upsher-Smith Laboratories Inc. of conspiring to keep generic versions of the supplement off the market.

The direct purchasers, including lead plaintiff Louisiana Wholesale Drug Co. Inc., gave notice on Monday of their appeal to the U.S. Court of Appeals for the Third Circuit....
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