Manufacturer of medical equipment obtains dismissal of False Claims Act qui tam action related to patent applications
Client(s) Manufacturer of medical equipment
A manufacturer of medical equipment represented by Jones Day obtained dismissal of a False Claims Act qui tam action in which the relator alleged that the manufacturer lied on the patent applications for one of its medical products, making the patents invalid and unenforceable. The relator, who was previously employed by one of the manufacturer's subsidiaries and claimed to have helped develop the product in question, alleged that the patents allowed the manufacturer to charge higher prices for its product. The relator argued that because the patent was allegedly invalid, the company made false claims to Medicare and Medicaid when it sought reimbursement for its product. The court dismissed all of the relator's claims.