Amphastar Pharms., Inc. v. Aventis Pharms., Inc.

E-Law Admin/ Mai 11, 2017/ Arzneimittelrecht Schweiz/ 0Kommentare

Amphastar Pharms., Inc. v. Aventis Pharms., Inc., 14-56382

In a qui tam suit under the False Claims Act alleging that defendant committed fraud against the U.S. Patent and Trademark Office (PTO) and obtained an illegal monopoly over enoxaparin and then knowingly overcharged the United States, the district court’s judgement is: 1) affirmed as to dismissal of the action for lack of subject matter jurisdiction where the complaint was based on public disclosures in the form of allegations of fraud, as well as allegations of the underlying facts, in a prior patent infringement suit; and 2) reversed as to the district court’s denial of the defendant’s motion for attorneys’ fees where the district court had authority to award attorneys’ fees after the dismissal of the action for lack of subject matter jurisdiction.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/11

Judges

  • O’SCANNLAIN

Court

  • United States Ninth Circuit

Counsel


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