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Valeant Pharmaceuticals International, Inc. v. Silbersher

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Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
23-1093 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether a relator can avoid the False Claims Act’s public disclosure bar by “stitching together” public disclosures; and (2) whether inter partes review—which this court and the U.S. Court of Appeals for the Federal Circuit have described as a hearing between the federal government and the patent owner—constitutes a channel for public disclosure, either because the government is a “party” to inter partes review, or because that review is a “Federal ... hearing.”

DateProceedings and Orders (key to color coding)
Apr 04 2024Petition for a writ of certiorari filed. (Response due May 8, 2024)
Apr 16 2024Waiver of right of respondent Zachary Silbersher, et al. to respond filed.
Apr 17 2024DISTRIBUTED for Conference of 5/9/2024.
May 01 2024Brief amicus curiae of Washington Legal Foundation filed.
May 02 2024Response Requested. (Due June 3, 2024)
May 09 2024Brief amici curiae of Biotechnology Innovation Organization and Pharmaceutical Research and Manufacturers of America filed.
May 30 2024Motion to extend the time to file a response from June 3, 2024 to July 3, 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.
Jun 18 2024Motion to extend the time to file a response from July 3, 2024 to August 9, 2024, submitted to The Clerk.
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.
Aug 09 2024Brief of respondents Zachary Silbersher, et al. in opposition filed.
Aug 27 2024Reply of petitioners Valeant Pharmaceuticals International, Inc., et al. filed. (Distributed)
Aug 28 2024DISTRIBUTED for Conference of 9/30/2024.