Upsher-Smith Urges High Court To Hear K-Dur Antitrust Case

Law360, New York (August 31, 2012, 6:29 PM EDT) -- Upsher-Smith Laboratories Inc. on Wednesday became the second defendant to ask the U.S. Supreme Court to review the Third Circuit's ruling that pay-for-delay pharmaceutical patent settlements are presumptively anti-competitive, telling the justices that the time is finally right to consider the issue.

Upsher-Smith, one of two generics makers that reached contested settlements with Schering-Plough Corp. after challenging the company's patents for blood pressure medication K-Dur 20, lodged a petition for certiorari, echoing many of the same arguments that Schering successor Merck & Co. Inc. made in...
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