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FTC Ruling Against Schering-Plough Seen Curtailing Settlement Terms

Law360 (December 18, 2003, 12:00 AM EST) -- In a case likely to have far-reaching implications for settlements of patent litigation in the pharmaceutical industry, the U.S. Federal Trade Commission ruled Thursday that three drug makers colluded to keep generic versions of a heart medicine off the market.

Drug makers Schering-Plough, Upsher-Smith Laboratories and American Home Products (now called Wyeth) entered into illegal agreements to keep generic versions of K-Dur off the market, the agency ruled on Thursday.

In acts that amounted to unfair competition, Schering-Plough and its potential generic competitors, Upsher and AHP,...
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