Amicus Brief of Public Interest Patent Law Institute in Silbersher v. Allergan

Abstract

When companies make false statements to obtain patents that unduly inflate drug prices, it is critical that members of the public be able to recover the excessive charges the government and taxpayers bear. Shielding unlawfully gained monopoly profits from the False Claims Act will exacerbate a pernicious incentive structure, tempting patent applicants to disregard their duty of candor and good faith. Even if patents obtained through false statements are later invalidated, their owners earn billions of dollars by foreclosing competition while multi-year invalidity battles take place. Meanwhile, the public bears the costs of monopoly prices, restricted access to medicine, and diminished patent quality.

Keywords: patent law, false claims, public interest patent law