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Jul 30, 2012
 |  BC Week In Review  |  Company News  |  Other News

Merck, Upsher-Smith pharmaceuticals news

The U.S. Court of Appeals for the Third Circuit said in an opinion that pay-for-delay deals, or reverse payment settlements, violate antitrust laws. Under pay-for-delay deals, a branded drug company will pay a generic company to drop a patent challenge and refrain from producing a generic for a specified period. The ruling overturns a lower court ruling that upheld the validity of a pay-for-delay deal between Merck's Schering-Plough subsidiary and Upsher-Smith for Schering-Plough's drug K-Dur, a sustained-release potassium chloride supplement used to treat potassium deficiencies. Merck acquired Schering-Plough in 2009.

Schering-Plough held a formulation patent...

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