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FTC requests rehearing in K-Dur case

Executive Summary

Federal Trade Commission files petition April 22 with Atlanta-based 11th Circuit Court of Appeals requesting en banc reconsideration of the court's decision that a settlement between Schering-Plough and Upsher-Smith over generic K-Dur was not anticompetitive. In a March 8 opinion, the three-judge panel found that FTC should consider the potential exclusionary scope of a brand-name drug company's patents when evaluating whether a settlement with a generic company is anticompetitive (1"The Pink Sheet," March 14, 2005 p. 31)...

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