I strongly suspect the FTC and DoJ will review the terms of these 17 or so patent settlements -- all struck by Schering-Plough. They have the arguable effect of keeping generic desloratadine, not branded as Clarinex®, off the market until July 2012. We shall see, but here is the AP Newswires' report:
. . . .Since then, consent orders have been entered and/or settlements now have been reached in the cases against Anchen Pharmaceuticals, Inc., Belcher Pharmaceuticals, Inc., Caraco Pharmaceutical Laboratories, Ltd., Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd., GeoPharma, Inc., Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals, Ltd., Lupin Pharmaceuticals, Inc. and Lupin Ltd., Mylan Pharmaceuticals Inc., Orchid Chemicals & Pharmaceuticals Ltd. and Orgenus Pharma, Inc., Perrigo Co., L. Perrigo, Co., Ranbaxy Inc., Ranbaxy Laboratories Limited, Sandoz Inc., Sun Pharmaceutical Industries Ltd., Watson Laboratories, Inc. and Watson Pharmaceuticals, Inc. and Zydus Pharmaceuticals, USA, Inc., thereby resolving the actions between Schering Corp. and these parties.
The terms agreed to with Orchid on timing of market introduction in the U.S. will apply retroactively as appropriate to the previously negotiated agreements. Also, the Orchid agreement provides for potential modification of its terms. The law suit is still pending until an order of dismissal is signed by the court. Under current law, the agreement can be reviewed by the U.S. Federal Trade Commission and U.S. Department of Justice. . . .
Note that Schering-Plough announced it, even before Judge Tonianne J. Bongiovanni, in the U.S. District Court, for the District of New Jersey, had signed it -- and that smells just a little desperate for some shred of "good news". Even so, this one may backfire, if FTC decides the primary purpose of the settlement is to artifically maintain increased prices, and restrict otherwise lawful generic competition -- in the United States markets.
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