Litigation Details for Silbersher v. Allergan plc (N.D. Cal. 2018)

Silbersher v. Allergan plc (N.D. Cal. 2018)

Docket		Date Filed	2018-05-22
Court	District Court, N.D. California	Date Terminated
Cause	31:3729 False Claims Act	Assigned To	Joseph Spero
Jury Demand	Plaintiff	Referred To
Parties	ALLERGAN SALES, LLC
Patents	6,020,001; 7,504,509; 8,039,009; 8,039,030; 8,058,291; 8,168,209; 8,173,708; 8,283,379; 8,293,794; 8,329,752; 8,338,485; 8,338,486; 8,362,085; 8,580,858; 8,598,233
Attorneys	Warren Tavares Burns
Firms	Kirkland & Ellis LLP
Link to Docket	External link to docket

Details for Silbersher v. Allergan plc (N.D. Cal. 2018)

Date Filed	Document No.	Description	Snippet	Link To Document
2020-12-10	135	Order on Motion to Dismiss	Relator relies is a single patent, U.S. Patent No. 8,039,009 (“the ’009 patent”). Id. ¶ 91. Relator … The first category of patents is the Went Patents, a group of eleven patents that list Dr. … 6 The parent patent for all of the Went Patents is the ’291 patent, which was issued on … The Went Patents are U.S. Patent Nos. 8,058,291 (“the ’291 patent”); 8,168,209, as …corrected (“the ’209 patent”); 8,173,708 (“the ’708 patent”); 8,283,379 (“the ’379 patent”);	External link to document
2021-01-07	144	Case Management Statement	-03018-JCS Document 144 Filed 01/08/21 Page 6 of 20 1 allegations and Relator’s Complaint has been…alleges that Defendants misled the Patent Office into issuing invalid patents protecting 6 these drugs. They…fraudulent patents were themselves actionable false claims. This is because the 24 patents were obtained…prosecution of the patent. A “claim” under the FCA includes any request for property—and patents 26 are property…substantial factual holes. As to one group of patents 14 (the Went Patents), Relator will be unable to prove any	External link to document
2023-03-13	194	Order on Motion to Dismiss	Relator relies is a single patent, U.S. Patent No. 8,039,009 (“the ’009 patent”). Id. ¶ 91. Relator … The first category of patents is the Went Patents, a group of eleven patents that list Dr. … 9 The parent patent for all of the Went Patents is the ’291 patent, which was issued on … The Went Patents are U.S. Patent Nos. 8,058,291 (“the ’291 patent”); 8,168,209, as …corrected (“the ’209 patent”); 8,173,708 (“the ’708 patent”); 8,283,379 (“the ’379 patent”);	External link to document
2023-03-20	197	Order	Relator relies is a single patent, U.S. Patent No. 8,039,009 (“the ’009 patent”). Id. ¶ 91. Relator … The first category of patents is the Went Patents, a group of eleven patents that list Dr. … 19 The parent patent for all of the Went Patents is the ’291 patent, which was issued on … The Went Patents are U.S. Patent Nos. 8,058,291 (“the ’291 patent”); 8,168,209, as …corrected (“the ’209 patent”); 8,173,708 (“the ’708 patent”); 8,283,379 (“the ’379 patent”);	External link to document
2019-06-14	63	Motion to Dismiss	Went 18 patents (U.S. Patent No. 8,362,085) on anticipation and obviousness … allegations about the remaining patents (the so-called “Went patents”) fail as 11 to the… 27 push-and-pull of the patent system. Resolution of complex patent validity and enforceability issues… • ’009 Patent. Relator also alleges that, in connection with a separate patent, Forest Labs …refers to a ’703 patent in multiple places, but concedes that that patent “has not blocked	External link to document
2019-06-21	68	Motion to Dismiss	x27;n, 509 884 F.2d 7 504, 509 (9th Cir. 1989) (“When, as here, the court dismisses… U.S. Patent No. 8,173,708 (the ‘“708 patent”); U.S. Patent No. 8,293,379 (the “‘379 patent”); U.S. … 16 Patent No. 8,293,794 (the “‘794 patent”); U.S. Patent No. 8,362,085 (the “085 patent”); and U.S… patent, the ‘794 patent, the ‘085 patent, and the ‘233 9 patent, is unenforceable… 17 Patent No. 8,598,233 (the “‘233 patent”). AC ¶¶ 57-58. These six patents are among a group	External link to document