Merck Urges 3rd Circ. To OK Pay-For-Delay Settlements

Law360, New York (December 12, 2011, 11:49 PM EST) -- Merck & Co. Inc. on Monday urged the Third Circuit to uphold the legality of pay-for-delay settlements between the pharmaceutical company and two generics manufacturers over blood pressure medication K-Dur 20, arguing that reverse payment settlements can benefit consumers.

Merck attorney John W. Nields Jr. told a three-judge panel that a $60 million payment from patentholder Schering-Plough Corp.— which has since merged to become a part of Merck — to generic companies Upsher-Smith Laboratories Inc. and Baxter International Inc. unit ESI Lederle was for a separate...
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