Court Certifies Class in Heart Drug Patent Case

Judge Joseph Greenaway, US District Court for the District of New Jersey, in In re: K-Dur Antitrust Litigation has certified a class of direct purchasers of the Schering-Plough drug K-Dur 20.  The case alleges that Schering improperly delayed the introduction of a generic version of the drug by making settlement payments to competitors that had filed abbrevieated new drug applications.  The FTC’s challenged to the settlements was previously rejected by the 11th Circuit.

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