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The Federal Circuit's ruling is obviously a win for HemCon and its lawyers, but it may also help other defendants facing infringement claims.
The Supreme Court tightened the False Claims Act's bar on suits over publicly disclosed information back in May, when it ruled that a response to a FOIA request constitutes a pubic report. But some qui tam claims can survive a FOIA disclosure, as Manhattan federal district court judge Jed Rakoff reminded a pair of defendants on Friday.
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