Special Master Finds Agreements on Generic K-Dur Are Legal

A special master in New Jersey has recommended dismissal of a class action lawsuit that contends Schering-Plough and two generic-drug makers conspired to keep generic K-Dur, a treatment for potassium deficiency, off the market. Stephen Orlofsky, the special master, says separate agreements made by Upsher-Smith Laboratories and ESI Lederle, a division of what is now Wyeth, with Schering-Plough to resolve patent litigation were not unlawful per se, according to court documents.
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