FTC review of patent infringement litigation settlement

2003 - 2004

Our attorneys represented Wyeth in connection with an FTC proceeding involving a patent infringement settlement between Schering Plough and Wyeth relating to K-Dur 20, a potassium supplement marketed by Schering Plough. The allegation was that Wyeth's generic division had received a payment to settle patent infringement litigation which was conditioned upon Wyeth's delaying entry into the market with its generic version until a later date than it might have entered had it prevailed in the litigation. We achieved a favorable settlement for Wyeth with the FTC and with class action plaintiffs who had filed a related treble damage class action.

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