Merck Says Zetia Buyers Can't Expand Pay-For-Delay Suit

Law360 (July 12, 2019, 4:03 PM EDT) -- Merck & Co. Inc. has asked a Virginia federal judge not to expand multidistrict litigation alleging it conspired with Glenmark Pharmaceuticals Inc. to keep cholesterol drug Zetia off the market using a pay-for-delay agreement, saying buyers can't rope in a distributor and seek new wide-ranging damages.

Zetia purchasers improperly added Glenmark's distributor Par Pharmaceutical Inc. as an alleged co-conspirator in its amended complaint in a last-ditch effort to expand the range of class entities, Merck said in a motion to dismiss the updated case Thursday. The drug wholesalers also can't pursue damages against any seller, regardless of whether it was allegedly...

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