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7th Circ. Affirms Toss Of Schering-Plough Branding Suit

Law360, New York (October 29, 2009) -- A federal appeals court has affirmed a judge's decision to dismiss a lawsuit Schering-Plough Healthcare Products Inc. brought against four drug companies over their marketing of a laxative as “prescription only.”

In a decision Thursday, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit said that it believed that Schering-Plough “jumped the gun” by suing the defendants...

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