Court To Hear Drug Patent Case Based on Alleged False Claims

A patent attorney’s novel strategy to use the False Claims Act to lower brand-name drug prices will be tested today in the U.S. District Court for the Northern District of California.

Judge Joseph C. Spero will hear motions to dismiss by the defendants and responses from the whistleblower who brought the action.

The unusual case alleges that Allergan PLC and Adamas Pharmaceuticals Inc. violated the False Claims Act by fraudulently obtaining a “follow-on” patent for the dementia drugs Namenda XR and Namzaric. Follow-on patents extend an original patent for the same drug that’s slightly altered or delivered in a different ...