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ARTICLE · 11 JUNE 2020

A Lawyer Walks Into A [Public Disclosure] Bar . . . .

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Earlier this month, in Silbershear v. Valeant, a federal judge denied a lawyer's attempt to act as a qui tam relator under the False Claims Act (FCA) based on information the lawyer uncovered...

United StatesIntellectual Property
Tirzah S. Lollar
Tirzah S. Lollar
Kirby Mayo
Kirby Mayo
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Earlier this month, in Silbershear v. Valeant,1 a federal judge denied a lawyer's attempt to act as a qui tam relator under the False Claims Act (FCA) based on information the lawyer uncovered in past litigation.

Prior to bringing his qui tam suit, the lawyer represented a plaintiff drug company in challenging the validity of defendants' patent. During the course of that litigation, the lawyer discovered articles that were not previously disclosed to the US Patent and Trademark Office (USPTO) during the defendants' initial patent application. The Patent Trial and Appeal Board (PTAB) struck down the validity of defendants' patent, citing the articles as evidence that the patent relied on "obvious" information.

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