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Patent Law
: Philip Brooks’ Patent Infringement UpdatesSpecial Master Declares Reverse Payment Legal
By Philip Brooks
Diane Bartz reporting for Reuters on February 4, 2009 writes:
Schering-Plough Corp (SGP.N) and Upsher-Smith Laboratories won a battle in a class action fight over K-Dur 20 on Wednesday when a special master recommended that a class action lawsuit against the two be dismissed.
The special master recommended that the U.S. District Court for the District of New Jersey dismiss the fight over the potassium supplement on summary judgment.
The battle is focused on whether it was legal for Schering to settle patent litigation with Upsher and ESI Lederle, which had sought to bring out generic versions of K-Dur before Schering's patent expired. Under the settlement, Upsher and ESI delayed entry into the generic market, the plaintiffs contended.
Read the full article here.
Full post as published by Philip Brooks’ Patent Infringement Updates on February 06, 2009 (boomark / email).
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