Valeant, Salix Defeat Whistleblower Suit Based on Patent Case

Valeant Pharmaceuticals International Inc. and Salix Pharmaceuticals Ltd. convinced a California federal court to dismiss a False Claims Act lawsuit alleging inflated drug pricing revealed in prior patent proceedings.

Zachary Silbersher’s suit claimed defendants fraudulently obtained a patent for the ulcerative colitis drug Apriso, wrongly excluded generic competitors, and overbilled Medicare for prescriptions.

But the suit is barred under an FCA rule that precludes claims stemming from publicly disclosed information, Judge James Donato of the U.S. District Court for the Northern District of California said Monday.

Silbersher’s claims in a 2018 complaint about “nefarious conduct” in obtaining the patent were ...