Supreme Court of the United States · Official docket →
Valeant Pharmaceuticals International, Inc., et al. v. Zachary Silbersher, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-16176 · judgment January 5, 2024
Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a business petitioner.
Questions presented
The False Claims Act’s public disclosure bar plays the critical role of preventing “parasitic” qui tam lawsuits filed by plaintiffs who “learn of the fraud through public channels.” Graham Cnty. Soil & Water Conservation Dist. v. United States ex rel. Wilson, 559 U.S. 280, 294, 296 n.16 (2010). These public channels include “a Federal . . . administrative hearing in which the Government . . . is a party” and a “Federal report, hearing, audit, or investigation.” 31 U.S.C. § 3730(e)(4)(A)(i)–(ii). The questions presented are:
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Whether a relator can avoid the public disclosure bar by “stitching together” public disclosures.
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Whether inter partes review (IPR)—which this Court and the Federal Circuit have described as a hearing between the federal government and the patent owner—constitutes a channel for public disclosure, either because: (i) the government is a “party” to IPRs, or (ii) an IPR is a “Federal . . . hearing.”
Counsel of record
For petitioner
Moez Mansoor Kaba
Hueston Hennigan LLP
For respondent
Tejinder Singh
Sparacino PLLC
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage
Proceedings
- Oct 07 2024Petition DENIED.
- Aug 28 2024DISTRIBUTED for Conference of 9/30/2024.
- Aug 27 2024Reply of petitioners Valeant Pharmaceuticals International, Inc., et al. filed. (Distributed)
- Aug 09 2024Brief of respondents Zachary Silbersher, et al. in opposition filed.
- Jun 21 2024Motion to extend the time to file a response is granted and the time is further extended to and including August 9, 2024.
- Jun 18 2024Motion to extend the time to file a response from July 3, 2024 to August 9, 2024, submitted to The Clerk.
- Jun 03 2024Motion to extend the time to file a response is granted and the time is extended to and including July 3, 2024.
- May 30 2024Motion to extend the time to file a response from June 3, 2024 to July 3, 2024, submitted to The Clerk.
- May 09 2024Brief amici curiae of Biotechnology Innovation Organization and Pharmaceutical Research and Manufacturers of America filed.
- May 02 2024Response Requested. (Due June 3, 2024)
- May 01 2024Brief amicus curiae of Washington Legal Foundation filed.
- Apr 17 2024DISTRIBUTED for Conference of 5/9/2024.
- Apr 16 2024Waiver of right of respondent Zachary Silbersher, et al. to respond filed.
- Apr 04 2024Petition for a writ of certiorari filed. (Response due May 8, 2024)