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FTC Urges 3rd Circ. To Reverse Pay-For-Delay Ruling

Posted: May 24, 2011
By: Jacqueline Bell
Source: Law360
Practice Areas: Antitrust

The Federal Trade Commission asked the Third Circuit on Tuesday to back private class action plaintiffs challenging the legality of pay-for-delay settlements between Merck & Co. Inc. and two generics manufacturers over the blood pressure medication K-Dur 20.

In an amicus brief, the FTC said the appeals court should reverse a lower court's ruling upholding what the agency said were pay-for-delay settlements between the patent holder Schering-Plough Corp. - which has since merged to become part of Merck - and two generic companies: Upsher-Smith Laboratories Inc. and Baxter International Inc. unit ESI Lederle.

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