Valeant Gets Dismissal of Whistleblower’s Patent Fraud Lawsuit

A whistleblower’s seven-year False Claims Act suit against Valeant Pharmaceuticals International Inc., Salix Pharmaceuticals Inc., and others is dismissed, but he can amend his claims.

Zachary Silbersher, who says the defendants fraudulently obtained a drug patent and overbilled Medicare for prescriptions, failed to allege fraud against each defendant with required particularity, Judge James Donato of the US District Court for the Northern District of California said in a Tuesday order dismissing the suit without prejudice.

Silbersher alleges that the defendants fraudulently obtained a patent for the ulcerative colitis drug Apriso, wrongly excluded generic competitors, and overbilled Medicare for prescriptions. ...