Drug Patents Face New Scrutiny in Novel False Claims Lawsuits

Drug companies that allegedly defrauded the government to extend monopolies on brand name drugs face novel legal challenges under the False Claims Act from a patent lawyer who says the cases are a new front in the battle over pricey medications.

Zachary Silbersher, of Kroub Silbersher & Kolmykov PLLC in New York, alleges that Allergan Plc, Janssen Pharmaceutica, and Valeant Pharmaceuticals International Inc. defrauded the Medicaid and Medicare systems and maintained monopolies on products by misrepresenting claims to the U.S. Patent and Trademark Office.

All three cases will be in court this year, and a win for Silbersher could change ...