Merck, Schering-Plough Hit With False Marking Suit

Law360, New York (November 16, 2010, 2:46 PM EST) -- Merck & Co. and subsidiary Schering-Plough Healthcare Products Inc. have been hit with a qui tam action alleging they falsely marked a Dr. Scholl's skin care cream with an expired patent to deter competing products.

Morris Turek, a St. Louis trademark attorney, said in a complaint filed Monday in the U.S. District Court for the Southern District of Illinois that the companies could not have had a reasonable belief that the product in question was appropriately marked, accusing them of deceiving the public.

At issue is...
To view the full article, register now.