Appeals Court Overturns FTC Order On Settlements Of Drug Patent Disputes

Law360, New York (March 9, 2005, 12:00 AM EST) -- A federal appeals court has cleared Schering-Plough of violating antitrust laws in a patent litigation settlement with generic competitors, overturning an order by the U.S. Federal Trade Commission that would have had far-reaching implications for patent disputes in the drug industry.

The U.S. Court of Appeals for the 11th Circuit, based in Atlanta, ruled that Schering did not violate antitrust laws in patent litigation settlements involving its controlled-release potassium chloride supplement K-Dur 20.

The court reversed a 2003 finding by the FTC that drug makers Schering,...
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