I had originally decided not to run it -- given the dubious provenance of the story. But, upon reflection, it occurs to me that this is -- even if inaccurate -- one of those stories that shows us all just how fishy such a "potentially-collusive" settlement can be. [It is timely, just the same, though, as I had detailed some updates on the litigation, late last week.]
If this rumored Zetia® "pay-to-delay" settlement happens, the terms should be very closely scrutinized -- for it would seem that Glenmark has the upper hand, here, in the patent litigation -- and would be in a position to bring a generic version of Zetia to market in mid-2010. In any event, here's the story -- for what it's worth:
. . . .Mumbai: Glenmark Pharmaceuticals Ltd may settle with US firm Merck/Schering Plough, resulting in the withdrawal of patent litigations related to the launch of a copy of the latter’s $1.6 billion in sales drug ezetimibe in the US market next year, according to a report released by First Global Securities Ltd last week. . . .
Could it happen? I suppose so. Would I bet on it? Nope, not given the scrutiny such deals will, from now forward, face at FTC, and increasingly, in Congress.
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