Law360 – The former Valeant Pharmaceuticals has asked the Ninth Circuit to reconsider a decision based on a public disclosure standard different from the one used by multiple other circuits.
Now operating as Bausch Health, the company is defending against an FCA qui tam suit which claims it misused patent law to maintain its monopoly over a lucrative drug for ulcerative colitis. Bausch argues that the plaintiff, patent lawyer Zachary Silbersher, has no connection to the company, and compiled his case by reviewing patent office records and other publicly available material, which fails to clear the public disclosure bar. The Ninth Circuit panel, however, found that Silbersher had made “an original discovery.”
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