March 5, 2024
By: Joshua Robbins and Rick Taché
In Silbersher v. Valeant Pharmaceuticals International Inc., a generic-drug maker challenged the validity of Valeant’s patent before the Patent Trial and Appeal Board and won, with a finding that Valeant got the patent by knowingly misleading the patent examiner.
The generic-drug maker’s lawyer then took the same information from the PTAB case and sued Valeant on behalf of the U.S. government under the False Claims Act,[1] claiming that Valeant used the invalid patent to overcharge Medicare for the drug. Valeant now faces potential treble damages for any overcharges, and the lawyer may receive as much as 30% of the recovery.
To read the full article, click here.