J&J Denied Early Appeal in Whistleblower’s Patent Fraud Suit

Jan. 27, 2022, 3:12 PM UTC

Johnson & Johnson and its Janssen Biotech Inc. unit must face a False Claims Act suit alleging that the companies withheld information from the U.S. Patent Trademark Office to secure a drug patent, the District of New Jersey said in a decision denying a request to appeal a ruling denying a motion to dismiss.

An interlocutory appeal isn’t justified because the defendants didn’t show substantial ground for difference of opinion on the FCA’s public disclosure bar, Judge Kevin McNulty of the U.S. District Court for the District of New Jersey said in a Wednesday opinion.

McNulty ruled in part Dec. ...

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