K-Dur Reverse Payment Legal: Special Master

Law360, New York (February 5, 2009, 12:00 AM EST) -- A special master has recommended that the U.S. District Court for the District of New Jersey dismiss a class action that accuses Schering-Plough Corp. and Upsher-Smith Laboratories Inc. of conspiring to keep generic versions of heart drug K-Dur 20 off the market.

In court documents filed Wednesday, special master Stephen Orlofsky opined that Schering-Plough and Upsher-Smith's motions for summary judgment should be granted, and that the direct purchaser plaintiffs' partial motions for summary judgment should be denied.

Orlofsky said that reverse payments made by Schering-Plough to...
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