NJ Judge Won't Toss FCA Suit Over J&J Unit's Cancer Drug

By Jeannie O'Sullivan (December 20, 2021, 3:41 PM EST) -- A New Jersey federal judge refused to release a Johnson & Johnson pharmaceutical unit and affiliates from a patent attorney's False Claims Act lawsuit over the prostate cancer treatment Zytiga, reasoning that the lawyer adequately alleged that the company obtained a patent under false pretenses.

In a ruling Friday, U.S. District Judge Kevin McNulty said plaintiff Zachary Silbersher met the pleading requirements for his claims that Janssen Biotech Inc. and affiliates reaped $2.5 billion in Zytiga sales, with a "significant" portion of the riches coming from government insurance programs, before the eventual invalidation of its patent.

Silbersher's lawsuit alleged Janssen won...

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