The lawsuit, filed in 2001, claimed drugmaker Schering-Plough, which Merck acquired in 2009, agreed to pay Upsher-Smith at least $60 million to refrain from marketing its generic version of K-Dur, according to court documents.
The settlement is still subject to court approval, and both drugmakers deny any wrongdoing, according to the report. Merck and Upsher-Smith did not respond to Reuter’s request for comment.
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