Where the government has brought a complaint alleging that the defendant pharmaceutical company improperly funneled millions of dollars to a purportedly independent charitable foundation to subsidize patient copays, the defendant is entitled to summary judgment on an unjust enrichment claim, as the government should be limited to the remedy Congress authorized in the False Claims Act.
“This is a case alleging violations of the Anti-Kickback Statute (‘AKS’), 42 U.S.C. §1320a-7b, and False Claims Act (‘FCA’), 31 U.S.C. §§3729 et seq., by a pharmaceutical company. The United States has brought suit against Regeneron Pharmaceuticals, Inc., the manufacturer of a drug named Eylea, alleging that Regeneron improperly funneled millions of dollars to the Chronic Disease Fund (‘CDF’) — a purportedly independent charitable foundation — to subsidize patient copays for Eylea. …
“The government has moved for partial summary judgment on the issues of materiality, causation, and damages under the FCA. Regeneron has moved for summary judgment as to all claims. For the following reasons, the government’s motion will be denied, and Regeneron’s motion will be granted in part and denied in part. …
“Regeneron has moved for summary judgment on all claims. As to the claims under the FCA, it contends that the government (1) cannot prove a predicate AKS violation; (2) cannot show that its donations resulted in the submission of any false Medicare claim; and (3) cannot prove that Regeneron had the...
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