FTC seeks Supreme Court review in K-Dur case

Executive Summary

An appeals court's ruling that a Schering-Plough/Upsher-Smith settlement over generic K-Dur was not anticompetitive "could seriously impede" FTC's law enforcement efforts, the commission says in an Aug. 29 petition for certiorari to the U.S. Supreme Court. FTC seeks review of an Atlanta-based appeals court's March 8 ruling, which stated that the commission should consider the potential exclusionary scope of a brand company's patent when evaluating brand/generic settlements (1"The Pink Sheet" March 14, 2005, p. 31)...