Generic drugmaker Amphastar Pharmaceuticals has failed in its attempt to revive a False Claims Act lawsuit against Sanofi over the misrepresentation of drug patent information (Amphastar Pharm. Inc. v. Aventis Pharma S.A., 2017 BL 157523, 9th Cir., No. 15-56122, 5/11/17).
The U.S. Court of Appeals for the Ninth Circuit May 11 affirmed the dismissal of Amphastar’s FCA lawsuit based on the public disclosure of the misrepresentation allegations in an earlier patent infringement lawsuit brought by Sanofi’s subsidiary, Aventis Pharmaceuticals, against Amphastar. Aventis alleged that Amphastar’s generic version of Aventis’s blood-thinner infringed its patent. The patent was invalidated after ...