The complaint charges that Schering-Plough entered into unlawful agreements with Upsher-Smith and American Home Products under which Upsher-Smith and American Home Products agreed not to introduce cheaper generic versions of K-Dur 20
in exchange for payments totaling $90 million.
The case, profiled in the "Evergreen Patent System" story in the June issue of Multinational Monitor, revolved around allegations that Schering had made illegal payments to keep generic versions of K-Dur 20
, a prescription potassium chloride supplement used to treat patients with low blood potassium levels, off the market.
district courts involve the following namebrand drugs: Cardizen CD (diltiazem hydrochloride), Cipro (ciprofloxacin hydrochloride), Hytrin (terazosin hydrochloride), K-Dur 20
(potassium chloride), and Nolvadex (tamoxifen citrate).
American Home Products"), on behalf of a Class consisting of all Florida residents who, since June 17, 1997, have purchased K-Dur 20
, a prescription brand-name potassium chloride supplement frequently taken by consumers on heart medication.
AHP, which is now Wyeth) entered into illegal agreements in 1997 and 1998 that resulted in a delay of the entry of generics competition for Schering's K-Dur 20
, a drug used to treat patients with low potassium.
The Federal Trade Commission alleges a similar fact pattern in the case of Schering-Plough's K-Dur 20
, a potassium chloride supplement used to treat patients who suffer from insufficient potassium, a condition which can contribute to heart disease.
The potassium chloride extended-release tablets USP are the first bio-equivalent alternatives to K-Dur 20
mEq and 10 mEq marketed by Key Pharmaceuticals Inc.