SAN FRANCISCO (CN) — A federal judge on Monday dismissed with prejudice a whistleblower lawsuit filed by a patent attorney against the drugmaker Allergan over two prescription drugs used to treat dementia in Alzheimer's patients.
In his 2018 suit, Zachary Silbersher claimed Allergan, now owned by the Chicago-based AbbVie, had fraudulently obtained patents by failing to disclose certain information in order to extend their monopoly on two drugs, Nameda XR and Namzaric, both delayed-release versions of drugs to fight dementia.
Silbersher sued under the False Claims Act, a law that allows state and federal governments to sue companies that defraud governmental programs. The law also includes a provision to allow people with knowledge about the alleged fraud to file these suits as "relators." These relators are typically whistleblowers — insiders who perhaps need an incentive to come forward — and are entitled to between 15% to 30% of damages recovered. About 70% of all False Claims Act suits are filed by whistleblowers.
In his complaint, Silbersher described his job as one who “focuses on investigating invalid pharmaceutical patents that brand manufacturers use to protect their drugs from price competition.” He claimed "generic manufacturers have been ready to enter the market" for both Nameda and Namzaric "since at least July 13, 2015, but they have been prevented from doing so by the fraudulently obtained patents asserted by defendant."
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