FTC Asks Supreme Court To Hear Case On Antitrust Aspects Of Generic Drug Deals

Law360, New York (September 1, 2005, 12:00 AM EDT) -- In a case with wide implications for settlements of patent disputes in the drug industry, the U.S. Federal Trade Commission has asked the Supreme Court to hear its appeal of a decision by a federal appeals court that dismissed the agency’s complaints against Schering-Plough Corp.

In a March 2005 decision, the 11th Circuit Court of Appeals set aside an FTC order that barred Schering-Plough from settling an infringement suit with generic makers regarding the patented blood pressure drug K-Dur.

The FTC claims that Schering-Plough agreed to...
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