Judge Haywood S. Gilliam Jr. of the US District Court for the Northern District of California on Thursday denied Merck’s motion to dismiss patent-based monopolization claims under California’s Cartwright Act, saying plaintiff Kaiser Foundation Health Plan Inc. adequately alleged the drugmaker along with Schering were part of a conspiracy to delay the less expensive generic medication.
Merck, as an exclusive licensee for the drug patent, argued it couldn’t have engaged ...