Merck, Schering Notch Partial Win in Zetia Drug Monopoly Claims

Merck & Co. Inc. and its subsidiary Schering-Plough Corp. convinced a judge to toss claims that they conspired to keep the generic version of cholesterol-reducing drug Zetia off the market but lost a bid to dismiss other allegations in the case.

Judge Haywood S. Gilliam Jr. of the US District Court for the Northern District of California in a Tuesday order dismissed without prejudice Kaiser Foundation Health Plan Inc.'s monopolization claims.

“The Court finds that plaintiff’s allegations are insufficient to take its conspiracy to monopolize claim over the line from possible to plausible, because none of the facts alleged plausibly ...