Merck Loses Bid to Nix Monopoly Claims in Zetia Generic Drug Row

Merck & Co. and its subsidiary Schering-Plough Corp. failed to convince a federal judge to toss claims they monopolized the market for the generic version of the cholesterol-reducing drug Zetia.

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 drugmakers 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 in a conspiracy ...