The exterior of Johnson and Johnson's subsidiary Janssen Vaccines in Leiden, Netherlands March 9, 2021. REUTERS/Piroschka van de Wouw
- Patent lawyer's suit claims J&J misled patent office to extend monopoly
- Says the market-share data that justifies grant of patent was inaccurate
- And the monopoly caused Medicare to vastly overpay since no generics available
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(Reuters) - Johnson & Johnson's Janssen Pharmaceuticals must face claims that it fraudulently obtained a patent to extend its monopoly on its prostate cancer drug Zytiga, a federal judge has ruled, in one of several unusual False Claims Act lawsuits brought by a patent attorney over drugmakers' use of patents.
U.S. District Judge Kevin McNulty on Friday denied Janssen's motion to dismiss the lawsuit by Zachary Silbersher, rejecting the company's argument that his whistleblowing under the False Claims Act was based on already public information.
"We believe the court's well-reasoned decision is an important precedent holding pharmaceutical companies accountable for charging monopoly prices for medicine based on fraudulently acquired patents," Nicomedes Herrera of Herrera Kennedy, a lawyer for Silbersher, said in an email.
Janssen did not...
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