New Drug Patent Lawsuit Theory Tests Limits of False Claims Law

By Benjamin Greenblum, Arthur Argall and Patrick Bradley (January 20, 2022, 5:47 PM EST) – A series of unusual actions under the False Claims Act could put federal appellate courts on a collision course and create risks for patentees beyond Congress’ contemplation.

A single parent, Zachary Silbersher, has filed three qui tam cases pursuing the new theory that drug companies defrauded the government by charging Medicare and Medicaid inflated drug prices based on invalid patents that unduly blocked competition generics.

How did this reporter learn of the loopholes that would have rendered these patents invalid? Not as a corporate insider, as in the paradigmatic FCA case, but through information disclosed in federal patent proceedings, including inter partes…

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