Allergan, Adamas Keep Win in Whistleblower’s Patent Fraud Case

A federal appeals court won’t reconsider its favorable ruling for Allergan Inc. and Adamas Pharmaceuticals Inc. in a whistleblower’s False Claims Act suit alleging that the companies fraudulently obtained patents on two drugs to combat Alzheimer’s disease.

A three-judge panel for the US Court of Appeals for the Ninth Circuit on Aug. 25 ruled in a matter of first impression that Zachary Silbersher based his claims on publicly disclosed information, which may ultimately result in dismissal under the FCA’s public disclosure bar.

Silbersher filed a petition for rehearing. But the court denied that request in a Thursday order.

Silbersher alleges ...