Merck, Glenmark Will Face Antitrust Trial Over Cholesterol Drug

Merck & Co. and Glenmark Pharmaceuticals Ltd. are headed for an antitrust trial over claims they used an illegal patent settlement to delay generic versions of the blockbuster cholesterol reducer Zetia.

Judge Rebecca Beach Smith denied summary judgment to the drugmakers, which have spent years fighting allegations that Merck dropped a patent infringement case against Glenmark and paid it to keep its generic Zetia on the shelves at least 18 months longer than legally necessary.

The multidistrict lawsuit on behalf of drug distributors, retail pharmacies, health plans, and consumers portrays the patent settlement as an unlawful “reverse payment” deal—so called ...