for paying two generic drug makers up to $90 million to settle an infringement suit involving its blood pressure drug K-Dur 20
The Complaint charges that Schering-Plough, which owned a formulation patent for K-Dur 20
and anticipated generic entry by competitors prior to expiration of its patent, entered into collusive and anti-competitive agreements between itself and defendants Upsher-Smith and American Home Products pursuant to which Upsher-Smith and American Home Products received financial remuneration from Schering-Plough for refraining from offering a low-priced generic version of K-Dur 20
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.
Under the Upsher-Smith settlement agreement,' he wrote, 'consumers are enjoying low priced generic versions of K-Dur 20
The FTC administrative complaint alleges that Schering, the maker of K-Dur 20
, a widely prescribed potassium chloride supplement, illegally paid Upsher-Smith and American Home Products millions of dollars to induce them to delay launching their generic versions of the drug.
1 prescribed product in its category in the United States, and K-DUR 20
(potassium chloride, USP) Microburst Release System potassium supplement tablets is the No.