For the time being, AbbVie Inc (NYSE: ABBV) has dodged a whistleblower suit asserting that its predecessor Allergan Inc. extended its exclusivity on Alzheimer’s medications by using false patents, enabling it to defraud Medicaid and Medicare.
Silbersher filed a claim using publicly available information
Zachary Silbersher, a prominent associate at the IP rights litigation organization Kroub, Silbersher & Kolmykov, filed a claim, and a three-judge forum of the 9th US Circuit Court of Appeals unanimously decided that the alleged public records bar adhered to the case. The public disclosures forbid whistleblower grievances based on available information. The decision overruled a lower court’s conclusion that the bar didn’t apply.
The decision left Silbersher’s argument that he was the “actual source” of the available information and ought t be permitted to proceed open for consideration. Requests for additional information were not immediately answered by attorneys for Allergan, Silbersher, or Adamas Pharmaceuticals Inc., which is additionally listed as a respondent in the litigation and licensed the Namzaric and Namenda XR patents to Allergan.
In 2018, Silbersher took the firms to a San Francisco federal district under the False Claims Act (FCA). The Act enables whistleblowers to initiate complaints on the government’s behalf and earn a part of any successful settlement.
Allergan and Adama said to have distorted findings
He said that after looking through records from the US Patent and Trademark Office (USPTO), he discovered that Allergan and Adama had distorted study findings and concealed earlier work to obtain the PTO grant patents for the medications. The firms have refuted the allegations.
The FCA’s public records bar, which forbids whistleblower lawsuits based on evidence given in federal govt processes, was the basis for the defendant’s motion to dismiss the lawsuit. They claimed that the regulatory actions that led to the injunction were the USPTO’s initial assessments of the patent claims.
According to the FCA, Chief US District Court Judge Joseph Spero dismissed the application in a ruling published in December 2020. He claimed that Silbersher’s allegations were not precluded since the federal government was not included as a participant in the USPTO’s process.
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