US Defends False Marking Law From Merial Attack

Law360, New York (February 2, 2011, 4:14 PM EST) -- The U.S. government has intervened in a suit alleging Merial Inc. labels its heartworm medicine for dogs with an expired patent, fighting claims that the false marking statute’s qui tam provisions are unconstitutional.

On Tuesday, the government filed a notice of intervention in the U.S. District Court for the Northern District of Illinois, opposing Merial’s bid to dismiss the suit on the ground that the qui tam provisions lack appropriate government oversight.

Relator Thomas Simonian accused Merial in February 2010 of fraudulently labeling its Heartgard drugs...
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