Drug Makers Seek Dismissal Of Wholesale Price Suit

Law360, New York (July 19, 2007, 12:00 AM EDT) -- Schering-Plough Corp. and its generic unit are aiming to throw out New York counties’ case in the massive antitrust class action against them and a slew of other pharmaceutical makers alleging they artificially inflated the prices for prescription drugs.

Schering-Plough and Warrick Pharmaceuticals Corp. called the amended complaint “woefully inadequate” on Wednesday and asked the U.S. District Court for the District of Massachusetts to dismiss the case in its entirety.

Echoing previous motions by fellow defendants, the two drug makers said the plaintiffs’ fraud claims should...
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