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Fish Forum Fish at the Podium

Are Pharma Sales Made Prior to Patent Invalidation Subject to False Claims Act Suits?

Wednesday, June 12th, 2013, 8:00 am EDT

Fish Forum Fish at the Podium

Are Pharma Sales Made Prior to Patent Invalidation Subject to False Claims Act Suits?

Wednesday, June 12th, 2013, 8:00 am EDT

Back to Events Listing
Are Pharma Sales Made Prior to Patent Invalidation Subject to False Claims Act Suits?

Wednesday, June 12, 2013
Are Pharma Sales Made Prior to Patent Invalidation Subject to False Claims Act Suits?

We invite you to join other members of the local biotech and pharmaceutical industry for a breakfast seminar with Fish Senior Principal John Freeman, who will discuss how patent prosecution “misconduct,” even if not meeting the materiality and intent to deceive standards under Therasense, can lead to whistleblower suits under federal and state False Claims Act (FCA) laws—a potentially dire outcome for the patentee.

John will review the decade-long litigation battle between Amphastar Pharmaceuticals, Inc., and Aventis Pharms S.A., over the Lovenox® patents, which were held unenforceable by the courts on the basis of inequitable conduct. Not content with that outcome, Amphastar then filed a false claims act suit (or “qui tam” suit) on behalf of the federal government, seeking three times the monies that Aventis earned on Lovenox® sales going back to 2003, when Amphastar filed its ANDA. Will the qui tam plaintiff’s bar take notice? José and John will explore the potentially far-reaching consequences of the Amphastar case for the innovator pharmaceutical and biotech industries, as well as for patent prosecutors and litigators.

Registration is limited. Please contact Ellen Makarevich, makarevich@fr.com, if you would like to attend.

Wednesday, June 12
8:00 a.m. – 8:30 a.m. Registration and continental breakfast
8:30 a.m. – 9:30 a.m. Presentation
(The speakers will remain available after the seminar for continuing discussion.)
Location:
Fish & Richardson
Fan Pier at Northern Avenue
One Marina Park Drive
Boston, MA 02210

Click here for directions.

Speakers:
John Freeman – Senior Principal, Patent Group

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