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Judge OKs Par’s Settlement in Zetia Pay-For-Delay Case


March 9, 2020

A Virginia federal judge has given the final greenlight to a settlement that knocks Par Pharmaceutical out of a massive suit accusing Merck and Glenmark of plotting to hold off generic versions of Zetia and inflating the cholesterol drug’s costs.

Par, which got roped into the case as a distributor to wholesale and retail drug buyers, reached the deal with direct purchasers in June to exit the case. The buyers allege that Merck and Glenmark entered into an anti-competitive deal to delay cheaper versions of the medication.

U.S. District Judge Rebecca Beach Smith signed off on the deal’s final approval Friday, cementing the settlement between Par and a class of Zetia buyers. Direct purchasers’ underlying claims against Merck and Glenmark continue save for claims covering purchases of Glenmark’s generic Zetia during a period that Glenmark had been given market exclusivity from Merck, which were dismissed Dec. 20.

Friday’s order notes that under terms of the settlement, Par agreed to provide, on an expedited basis, documents, data and deposition testimony, including testimony at trial if necessary, in the ongoing litigation against Merck and Glenmark.

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The direct purchasers are represented by Glasser and Glasser PLC, Hagens Berman Sobol Shapiro LLP, Hilliard & Shadowen LLP, Kessler Topaz Meltzer & Check LLP, Radice Law Firm PC, Sperling & Slater PC, Roberts Law Firm PA, Shepherd Finkelman Miller & Shah LLP, Nussbaum Law Group PC, Taus Cebulash & Landau LLP, Berger & Montague PC, Faruqi & Faruqi LLP and Cohen Milstein Sellers & Toll PLLC.

Read Judge OKs Par’s Settlement in Zetia Pay-For-Delay Case.