A federal False Claims Act suit was properly dismissed because the suit was based on facts publicly disclosed in a prior suit and the plaintiff was not the original source of that information, but learned it only as a party to the prior suit. The district court properly dismissed this federal False Claims Act suit by a generic drug manufacturer against a patentee of the drug plaintiff copied. The false claim on which the suit was based was publicly disclosed during prior litigation in which the patentee sued plaintiff for patent infringement. Plaintiff was not the original source of that information, but only learned it in the course of litigating the prior case.
Ninth Circuit Court of Appeals (O’Scannlain, J.); May 11, 2017; 2017 WL 1947890