No. 23-1093

Valeant Pharmaceuticals International, Inc., et al. v. Zachary Silbersher, et al.

Lower Court: Ninth Circuit
Docketed: 2024-04-08
Status: Denied
Type: Paid
Amici (2)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: false-claims-act federal-administrative-hearing federal-report inter-partes-review public-disclosure-bar qui-tam
Key Terms:
Antitrust Patent Trademark JusticiabilityDoctri
Latest Conference: 2024-09-30 (distributed 2 times)
Question Presented (from Petition)

1. Whether a relator can avoid the public disclosure bar by "stitching together" public disclosures.

2. 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."

Question Presented (AI Summary)

Whether a relator can avoid the public disclosure bar by stitching together public disclosures

Docket Entries

2024-10-07
Petition DENIED.
2024-08-28
DISTRIBUTED for Conference of 9/30/2024.
2024-08-27
Reply of Valeant Pharmaceuticals International, Inc., et al. submitted.
Main DocumentProof of ServiceCertificate of Word Count
2024-08-27
Reply of petitioners Valeant Pharmaceuticals International, Inc., et al. filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word CountMain DocumentProof of ServiceCertificate of Word Count
2024-08-09
Brief of Zachary Silbersher, et al. in opposition submitted.
Main DocumentCertificate of Word CountProof of Service
2024-08-09
Brief of respondents Zachary Silbersher, et al. in opposition filed.
Main DocumentProof of ServiceCertificate of Word CountMain DocumentProof of ServiceCertificate of Word Count
2024-06-21
Motion to extend the time to file a response is granted and the time is further extended to and including August 9, 2024.
2024-06-18
Motion to extend the time to file a response from July 3, 2024 to August 9, 2024, submitted to The Clerk.
Main DocumentMain Document
2024-06-03
Motion to extend the time to file a response is granted and the time is extended to and including July 3, 2024.
2024-05-30
Motion to extend the time to file a response from June 3, 2024 to July 3, 2024, submitted to The Clerk.
Main DocumentMain Document
2024-05-09
Brief amici curiae of Biotechnology Innovation Organization and Pharmaceutical Research and Manufacturers of America filed.
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2024-05-02
Response Requested. (Due June 3, 2024)
2024-05-01
Brief amicus curiae of Washington Legal Foundation filed.
Main DocumentCertificate of Word CountProof of ServiceMain DocumentCertificate of Word CountProof of Service
2024-04-17
DISTRIBUTED for Conference of 5/9/2024.
2024-04-16
Waiver of right of respondent Zachary Silbersher, et al. to respond filed.
Main DocumentMain Document
2024-04-04
Petition for a writ of certiorari filed. (Response due May 8, 2024)
PetitionCertificate of Word CountProof of ServicePetitionCertificate of Word CountProof of Service

Attorneys

Biotechnology Innovation Organization and Pharmaceutical Research and Manufacturers of America
Jack Edward Pace III — White & Case LLP, Amicus
Valeant Pharmaceuticals International, Inc., et al.
Moez Mansoor Kaba — Hueston Hennigan LLP, Petitioner
Washington Legal Foundation
Cory L. Andrews — Washington Legal Foundation, Amicus
Zachary Silbersher, et al.
Tejinder Singh — Sparacino PLLC, Respondent