FTC finds S-P's K-Dur settlements lawful

7 July 2002

Schering-Plough of the USA has said that a US Federal Trade Commissionadministrative law judge has ruled that patent litigation settlements relating to the firm's controlled-release supplement K-Dur 20 (potassium chloride) complied with the law in every respect.

In 1995, Upsher-Smith Laboratories and ESI Lederle filed separate Abbreviated New Drug Applications with the US Food and Drug Administration for generic versions of K-Dur 20, and S-P brought actions against both companies alleging product infringement. However, in each case, both parties settled out of court.

S-P said that separate patent litigation settlements, reached with U-S and ESI Lederle, offered consumer benefits by facilitating the introduction of generic equivalents to K-Dur several years prior to its patent expiry date of 2006. Under the terms of the settlement consumers have been able to buy the generic equivalent of K-Dur since 2001.

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