U.S. EX REL. GE v. TAKEDA PHARMACEUTICAL CO. LTD.

Nos. 13-1088, 13-1089.

737 F.3d 116 (2013)

UNITED STATES ex rel. Helen GE, M.D., Relator, Appellant, State of California; State of Delaware; State of Florida; State of Georgia; State of Hawaii; State of Illinois; State of Louisiana; State of Indiana; State of Michigan; State of Minnesota; State of Montana; State of Nevada; State of New Hampshire; State of New Jersey; State of New Mexico; State of New York; State of North Carolina; State of Oklahoma; State of Rhode Island; State of Tennessee; State of Texas; State of Wisconsin; Commonwealth of Massachusetts; Commonwealth of Virginia; District of Columbia, Plaintiffs, v. TAKEDA PHARMACEUTICAL COMPANY LIMITED; Takeda Pharmaceutical North America, Inc., Defendants, Appellees. United States ex rel. Helen Ge, M.D., Relator, Appellant, State of California; State of Delaware; State of Florida; State of Georgia; State of Hawaii; State of Illinois; State of Louisiana; State of Indiana; State of Minnesota; State of Montana; State of Nevada; State of New Hampshire; State of New Jersey; State of New Mexico; State of New York; State of North Carolina; State of Oklahoma; State of Rhode Island; State of Tennessee; State of Texas; State of Wisconsin; Commonwealth of Massachusetts; Commonwealth of Virginia; District of Columbia, Plaintiffs, v. Takeda Pharmaceutical Company Limited; Takeda Pharmaceutical North America, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

December 6, 2013.


Attorney(s) appearing for the Case

Michael Sullivan , with whom The Ashcroft Group, Michael L. Baurn , Bijan Esfandiari , R. Brent Wisner , and Baum, Hedlund, Aristei & Goldman, P.C. were on brief, for appellant.

Brian J. Murray , with whom Morgan R. Hirst, Marron A. Mahoney , Christopher M. Morrison , Joseph B. Sconyers , and Jones Day were on brief, for appellees.

Melissa N. Patterson , Attorney, Appellate Staff, Civil Division, with whom Stuart F. Delery , Acting Assistant Attorney General, Carmen M. Ortiz , United States Attorney, and Michael S. Rabb , Attorney, Appellate Staff, Civil Division, were on brief, for the United States of America as Amicus Curiae.

Before LYNCH, Chief Judge, STAHL and HOWARD. Circuit Judges.


LYNCH, Chief Judge.

In June 2010 Dr. Helen Ge originally filed these two qui tam actions against her former employer, Takeda Pharmaceutical Company Ltd. and its subsidiary Takeda Pharmaceutical North America, Inc. (collectively, "Takeda"), under the federal False Claims Act ("FCA"), 31 U.S.C. § 3729 et seq., and various analogous state statutes. The two actions concern different drugs. She has since amended each...

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