Patent Lawyer Tries Novel Approach to Fight Big Pharma Prices

A patent attorney is using the False Claims Act to sue brand-name drug companies alleging they unlawfully extended a patent on the prostate cancer drug Zytiga. It’s an unusual take on the FCA, which is more commonly used to go after doctors and health services that have allegedly overcharged the government under Medicare or Medicaid.

New Tool in Toolbox: If successful, the tactic could carve a new legal path for stopping big brand drugmakers from keeping generics off the market by seeking “follow-on” patents, which extend an original patent for the same drug that’s been slightly altered or delivered in ...