Ortho Can't Shake False Marking Claims On 5 Drugs

Law360, New York (April 5, 2011, 7:28 PM EDT) -- Ortho-McNeil-Janssen Pharmaceuticals Inc. lost a bid to toss a suit Tuesday accusing the drugmaker of marking five medical supplies with expired patents, despite the heightened pleading standards for false marking whistleblowers set by a recent ruling of the Federal Circuit.

Judge Ronald L. Buckwalter of the U.S. District Court for the Eastern District of Pennsylvania denied Ortho's motion to dismiss the suit, ruling that retired Philadelphia doctor Bentley A. Hollander had fulfilled the particularity requirement of Rule 9(b).

Hollander alleges that Ortho falsely marked medical supplies...
To view the full article, register now.