Silbersher

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ZACHARY SILBERSHER, et al., Case No. 3:18-cv-01496-JD

Plaintiffs,

ORDER RE MOTION TO DISMISS

v. 9 Re: Dkt. No. 36 VALEANT PHARMACEUTICALS INTERNATIONAL, INC., et al., 11 Defendants.

12 This is a qui tam action under the federal False Claims Act (“FCA”), 31 U.S.C. §§ 3729- 3733, and the counterpart statutes of twenty-eight states, and the District of Columbia. In a “corrected first amended complaint,” Dkt. No. 10 (“CFAC”), plaintiff-relator Zachary Silbersher alleges that defendants fraudulently obtained U.S. Patent No. 8,865,688 (the “’688 patent”), which allowed them to raise the price for the prescription drug Apriso by wrongfully excluding generic competitors. The false claim is said to be the inflated prices that Medicare, Medicaid and other government agencies paid for Apriso prescriptions. Silbersher is an attorney, and the CFAC is based on a patent litigation case he handled that invalidated the ’688 patent. He was never an employee or an insider at any of the…