Allergan Wins Reversal in Whistleblower’s Patent Fraud Lawsuit

Allergan Inc. and Adamas Pharmaceuticals Inc. fended off a whistleblower’s False Claims Act suit alleging they fraudulently obtained patents on two drugs to combat Alzheimer’s disease, after a Thursday opinion by the Ninth Circuit.

Zachary Silbersher alleges that the defendants’ fraudulent patents prevented competitors from entering the market and allowed them to overcharge the federal government. The district court said the claims weren’t blocked by the public disclosure bar, which precludes FCA suits when a whistleblower bases claims on publicly disclosed information.

But Silbersher did base his suit on publicly disclosed information that triggered the bar, which may ultimately result ...