August 09, 2019

Merck and Glenmark weren't able to shut down Zetia buyers' pay-for-delay litigation on Friday, though a Virginia federal judge agreed to pare the claims lodged by retailers and end-payors that bought the cholesterol medication.

In a lengthy opinion handed down Friday, U.S. District Judge Rebecca Beach Smith cemented a magistrate judge's recommendation, allowing antitrust claims by retailers, end-payors and direct Zetia purchasers to move forward.

The three sets of buyers contend Merck & Co. Inc. and Glenmark Pharmaceuticals Inc. worked to keep generic Zetia rivals off the market with a decade-old deal in which Glenmark would delay launching its generic Zetia for five years as long as Merck agreed to keep its generic off the market for another year after that.

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Also Friday, the magistrate judge handling the case ordered Wilson Sonsini Goodrich & Rosati PC to hand over more documents in the multidistrict litigation on top of the 3,600 the firm has already coughed up.

The direct buyers fought for the documents to gather information on the firm's former client, Par Pharmaceutical Inc., which those wholesalers roped into the case with a retooled complaint in June.

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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.

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