United States v. Gilead Sciences, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 UNITED STATES OF AMERICA, et al., Case No. 11-cv-00941-EMC

Plaintiffs,

ORDER GRANTING UNITED

v. STATES’ MOTION TO DISMISS

GILEAD SCIENCES, INC., et al., Docket No. 183 Defendants.

12 Relators Jeff and Sherilyn Campie are former employees of Defendant Gilead Sciences, Inc., a pharmaceutical drug manufacturer. They have filed a qui tam action against Gilead, asserting, inter alia, a claim for violation of the federal False Claims Act (“FCA”). According to the Campies, Gilead violated the FCA by submitting or causing to be submitted false claims for payment under government payment programs such as Medicare and Medicaid. See 31 U.S.C. § 3729(a)(1)(A). Previously, this Court granted Gilead’s motion to dismiss the Campies’ second amended complaint (“SAC”). The Court dismissed not only the FCA claim but also related claims based on state law, plus claims for retaliation under both the FCA and state law. On appeal, the Ninth …