No. 23-1093

Valeant Pharmaceuticals International, Inc., et al. v. Zachary Silbersher, et al.

Lower Court: Ninth Circuit
Docketed: 2024-04-08
Status: Denied
Type: Paid
Amici (2)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: false-claims-act federal-administrative-hearing federal-report inter-partes-review public-disclosure-bar qui-tam
Key Terms:
Antitrust Patent Trademark JusticiabilityDoctri
Latest Conference: 2024-09-30 (distributed 2 times)
Question Presented (AI Summary)

Whether a relator can avoid the public disclosure bar by stitching together public disclosures

Question Presented (OCR Extract)

QUESTIONS PRESENTED The False Claims Act’s public disclosure bar plays the critical role of preventing “parasitic” qui tam lawsuits filed by plaintiffs who “learn of the fraud through public channels.” Graham Cnty. Soil & Water Conservation Dist. v. United States ex rel. Wilson, 559 U.S. 280, 294, 296 n.16 (2010). These public channels include “a Federal . . . administrative hearing in which the Government ... is a party” and a “Federal report, hearing, audit, or investigation.” 31 U.S.C. § The questions presented are: 1. Whether a relator can avoid the public disclosure bar by “stitching together’ public disclosures. 2. Whether inter partes review (IPR)—which this Court and the Federal Circuit have described as a hearing between the federal government and the patent owner—constitutes a channel for public disclosure, either because: (i) the government is a “party” to IPRs, or (ii)an IPR is a “Federal ... hearing.”

Docket Entries

2024-10-07
Petition DENIED.
2024-08-28
DISTRIBUTED for Conference of 9/30/2024.
2024-08-27
Reply of Valeant Pharmaceuticals International, Inc., et al. submitted.
2024-08-27
Reply of petitioners Valeant Pharmaceuticals International, Inc., et al. filed. (Distributed)
2024-08-09
Brief of Zachary Silbersher, et al. in opposition submitted.
2024-08-09
2024-06-21
Motion to extend the time to file a response is granted and the time is further extended to and including August 9, 2024.
2024-06-18
Motion to extend the time to file a response from July 3, 2024 to August 9, 2024, submitted to The Clerk.
2024-06-03
Motion to extend the time to file a response is granted and the time is extended to and including July 3, 2024.
2024-05-30
Motion to extend the time to file a response from June 3, 2024 to July 3, 2024, submitted to The Clerk.
2024-05-09
Brief amici curiae of Biotechnology Innovation Organization and Pharmaceutical Research and Manufacturers of America filed.
2024-05-02
Response Requested. (Due June 3, 2024)
2024-05-01
2024-04-17
DISTRIBUTED for Conference of 5/9/2024.
2024-04-16
Waiver of right of respondent Zachary Silbersher, et al. to respond filed.
2024-04-04
Petition for a writ of certiorari filed. (Response due May 8, 2024)

Attorneys

Biotechnology Innovation Organization and Pharmaceutical Research and Manufacturers of America
Jack Edward Pace IIIWhite & Case LLP, Amicus
Jack Edward Pace IIIWhite & Case LLP, Amicus
Valeant Pharmaceuticals International, Inc., et al.
Moez Mansoor KabaHueston Hennigan LLP, Petitioner
Moez Mansoor KabaHueston Hennigan LLP, Petitioner
Washington Legal Foundation
Cory L. AndrewsWashington Legal Foundation, Amicus
Cory L. AndrewsWashington Legal Foundation, Amicus
Zachary Silbersher, et al.
Tejinder SinghSparacino PLLC, Respondent
Tejinder SinghSparacino PLLC, Respondent