US EX. REL. KELLY v. NOVARTIS PHARMACEUTICALS CORP

No. 15-1470.

827 F.3d 5 (2016)

UNITED STATES of America et al., ex. rel., Allison KELLY, Frank Garcia, Plaintiffs, Appellants, v. NOVARTIS PHARMACEUTICALS CORPORATION; Novartis Corporation; Genentech, Inc.; and Roche Holdings, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

June 17, 2016.


Attorney(s) appearing for the Case

Timothy Cornell , with whom Cornell Dolan, P.C., was on brief, Boston, MA, for appellants.

Elliot R. Peters , with whom Steven A. Hirsch , David J. Silbert , Keker & Van Nest LLP, San Francisco, CA, Matthew J. O'Connor , Ronald G. Dove, Jr. , and Covington & Burling LLP, Washington, DC, were on brief, for Genentech, Inc. and Roche Holdings, Inc., appellees.

Michael A. Rogoff , with whom Debra E. Schreck , Kaye Scholer LLP, New York, NY, Tracy A. Miner , and Demeo LLP, Boston, MA, were on brief, for Novartis Pharmaceuticals Corporation and Novartis Corporation, appellees.

Before Kayatta, Stahl, and Barron, Circuit Judges.


Appellants Allison Kelly and Frank Garcia ("Relators") brought qui tam actions against Appellees Genentech, Inc. and Roche Holdings, Inc. ("Genentech") and Novartis Pharmaceuticals Corporation and Novartis Corporation ("Novartis") (collectively, "Defendants") under the False Claims Act ("FCA"), 31 U.S...

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