FTC to Pursue Case Against Schering

The Federal Trade Commission said it will pursue its case against Schering-Plough Corp. and Upsher-Smith Laboratories for allegedly using a patent settlement to keep cheaper versions of a popular heart medication off the market.

An FTC administrative law judge ruled earlier that the agency had failed to prove the 1997 patent settlement between the companies was aimed at thwarting competition.

The FTC had contended that Schering-Plough used a patent agreement with American Home Products and Upsher-Smith to delay generic versions of blood pressure medication K-Dur. It estimated the patent agreements had cost U.S. consumers more than $100 million.