Reverse Payment Suit Over Generic K-Dur Tossed

Law360, New York (March 25, 2010, 4:50 PM EDT) -- A federal judge has thrown out a reverse payment antitrust class action that accused Schering-Plough Corp., now a part of Merck & Co., and Upsher-Smith Laboratories Inc. of conspiring to keep generic versions of the potassium supplement K-Dur 20 off the market.

Judge Joseph A. Greenaway Jr. of the U.S. District Court for the District of New Jersey on Thursday adopted a February 2009 report by special master Stephen Orlofsky that recommended Schering-Plough and Upsher-Smith's motions for summary judgment be granted, and that the direct purchaser...
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