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FTC Cheers As Reverse Patent Settlement Deemed Anticompetitive on Appeal
The FTC’s fight against what it calls “pay-for-delay” settlements received a boost Monday when the Third Circuit Court of Appeals reversed a lower court ruling that had upheld a reverse patent settlement. The Third Circuit rejected most arguments from Upsher-Smith Laboratories and Schering-Plough, saying their 1998 settlement on potassium deficiency drug K-Dur 20 (potassium chloride) was anticompetitive.
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