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OraSure, Schering-Plough lawsuit

This article was originally published in The Tan Sheet

Executive Summary

Compound W Freeze Off marketer OraSure has reached an agreement on principal terms to settle pending patent infringement litigation against Schering-Plough Healthcare Products, which markets the Dr. Scholl's Freeze Away wart-removal product, firm announces Nov. 14. Under terms of the settlement, Schering-Plough will receive a license to OraSure's patents in the U.S. OTC market, and OraSure will receive monetary compensation from past and future sales. The settlement is subject to completion and execution of a final agreement. OraSure filed the lawsuit in 2004. Recently, an arbitration panel found in favor of OraSure starting Prestige Brands' 2006 acquisition of Wartner wart-removal line breached a no-compete agreement between the firms (1"The Tan Sheet" Oct. 29, 2007), In Brief)...

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OraSure–Prestige Brands arbitration

Prestige Brand's acquisition of the Wartner cryosurgical wart removal line breaches a non-compete provision between OraSure and Prestige, which markets OraSure's Compound W Freeze Off wart removal products, an arbitration panel states Oct. 23. The Wartner products compete directly in the domestic OTC market against Freeze Off, in violation of a clause in the parties' distribution agreement. The panel concludes OraSure is entitled to an award of its legal fees and share of arbitrators' costs and that all counterclaims asserted by Prestige Brands are rejected. Prestige Brands acquired Wartner in 2006 (1"The Tan Sheet" Oct. 2, 2006, p. 8)...

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