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Kimberly Leaman on Muck Rack

Kimberly Leaman

Washington, D.C.
As seen in: Lexology, Westlaw Today
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Articles

Ninth Circuit Excludes Inter Partes Review Proceedings from Public Disclosure Bar and Greenlights Relator’s Qui Tam Claims Based on Patent Activity

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By Gordon Todd, Kamila Rivas, Kimberly Leaman
| sidley.com
In a recent decision, United States ex rel. Silbersher v. Valeant Pharmaceuticals Int’l Inc., 2023 WL 4940429 (9th Cir. Aug. 3, 2023) (“Valeant”), the Ninth Circuit ruled that the False Claims Act’s (“FCA”) public disclosure bar does not apply to inter partes review (“IPR”) proceedings—holding that, unlike patent prosecutions, IPRs are not a qualifying channel for disclosures under the bar.
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Ninth Circuit excludes inter partes review proceedings from public disclosure bar and greenlights relator’s qui tam claims based on patent activity

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By Gordon Todd, Kimberly Leaman, Kamila Rivas
| Lexology Verified
In a recent decision, United States ex rel. Silbersher v. Valeant Pharmaceuticals Int’l Inc., 2023 WL 4940429 (9th Cir. Aug. 3, 2023) (“Valeant”), the Ninth Circuit ruled that the False Claims Act’s (“FCA”) public disclosure bar does not apply to inter partes review (“IPR”) proceedings—holding that, unlike patent prosecutions, IPRs are not a qualifying channel for disclosures under the bar.
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9th Circuit nixes inter partes reviews from FCA's public disclosure bar

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By Gordon Todd, Kimberly Leaman, Kamila Rivas
| Westlaw Today Verified
(September 5, 2023) - Sidley Austin LLP attorneys discuss a 9th U.S. Circuit Court of Appeals decision greenlighting a qui tam suit after ruling that an inter partes review of a drugmaker's patent was not barred under the False Claims Act as a public disclosure. In a recent decision, United States ex rel. Silbersher v.
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