Merck, Upsher-Smith Appeal Class Cert. In K-Dur Suit

Law360, New York (June 9, 2010, 6:57 PM EDT) -- Merck & Co. Inc. and Upsher-Smith Laboratories Inc. have appealed the class certification of a group of direct purchasers who accused the drug companies of entering an anti-competitive pact to keep generic versions of potassium supplement K-Dur 20 off the market.

Merck and Upsher-Smith gave notice on Wednesday of their appeal of the class certification to the U.S. Court of Appeals for the Third Circuit.

The drugmakers had initially sought permission to appeal the U.S. District Court for the District of New Jersey's December 2008 order...
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