Allergan Wins Dismissal of Alzheimer’s Drug Patent Fraud Case

March 14, 2023, 2:24 PM UTC

Allergan Inc. and Adamas Pharmaceuticals Inc. convinced a federal district court to dismiss a whistleblower’s False Claims Act suit alleging that the companies fraudulently obtained patents on two drugs to combat Alzheimer’s disease.

Whistleblower and patent attorney Zachary Silbersher’s suit must be dismissed with prejudice under the FCA’s public disclosure bar because he based his claims on information related to a patent prosecution, which satisfies the definition for a federal hearing under the FCA, Chief Magistrate Judge Joseph C. Spero said in a Monday order.

Moreover, Shilbersher didn’t qualify as an original source of the information underlying his suit, ...

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