Case Details

Year Initiated/Committed


Year Resolved


Settlement Amount



U.S. District Court for the District of New Jersey

Docket Number

Civil Action No. 01-1652

Lead State


Participating States



Schering Plough Corporation; Key Pharmaceuticals; Upsher-Smith Laboratories; ESI LEDERLE INC., American Home Products Corporation.

Case Description

Pennsylvania Attorney General’s office filed an action against Schering-Plough, ESI Lederle and Upsher-Smith alleging that Schering had entered into agreements settling patent litigation over Schering-Plough’s K-Dur 20, potassium chloride tablets, which violated the federal antitrust laws. This action was largely based on a similar complaint the FTC had filed against those companies. Originally filed in the United States District Court for the Western District of Pennsylvania, the action was transferred by the Judicial Panel on Multidistrict Litigation to the United States District court for the District of New Jersey where it has been consolidated with other similar lawsuits. In re K-Dur 20 Antitrust Litigation, MDL 1419. Subsequent to that transfer, the Administrative Law Judge hearing the FTC’s complaint dismissed the case. The dismissal was based on the FTC’s failure to show that Schering-Plough’s K-Dur 20 patents were invalid. The suit was dismissed with prejudice in 2007.