In the News 12/20

Law360: Allergan Must Face FCA Claims Over Dementia Drug Patents

Melissa Angell of Law360 has this coverage of our qui tam case against Allergan:

A California federal judge rejected Allergan's bid to dodge a False Claims Act lawsuit Friday, finding the patent attorney behind the suit sufficiently alleged that the pharmaceutical company fraudulently obtained two dementia drug patents to allegedly monopolize pricing and out-compete generics.

In a 76-page opinion, U.S. Magistrate Judge Joseph C. Spero ruled that patent attorney Zachary Silbersher's allegations that Allergan fraudulently obtained patents, and knowingly asserted invalid patents to edge out competition to purportedly maintain inflated drug prices, are sufficient to raise his FCA claims. . . .

Herrera told Law360 on Friday that Judge Spero's opinion is "thorough, well-reasoned and correct."

"This decision sets an extraordinarily important precedent that will discourage pharmaceutical companies from evergreening their drug monopolies through fraudulent patents, which will help lower the price of medicine and the cost of health insurance," Sy Herrera said.

Read the rest of the article here.