Allergan Must Face FCA Claims Over Dementia Drug Patents

By Melissa Angell (December 11, 2020, 11:17 PM EST) -- A California federal judge rejected Allergan's bid to dodge a False Claims Act lawsuit Friday, finding the patent attorney behind the suit sufficiently alleged that the pharmaceutical company fraudulently obtained two dementia drug patents to allegedly monopolize pricing and out-compete generics.

In a 76-page opinion, U.S. Magistrate Judge Joseph C. Spero ruled that patent attorney Zachary Silbersher's allegations that Allergan fraudulently obtained patents, and knowingly asserted invalid patents to edge out competition to purportedly maintain inflated drug prices, are sufficient to raise his FCA claims.

"Defendants have not cited any authority that persuades the court that as a matter of law...

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