United States ex rel. Kester v. Novartis Pharmaceuticals Corp.

MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTIONS TO DISMISS

McMAHON, District Judge.

In this qui tarn action under the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., the United States government (“the *326Government”) intervened as a plaintiff against Novartis Pharmaceuticals Corporation (“Novartis”). The Government alleges that Novartis violated the FCA and the Anti-Kickback Statute (“AKS”), 42 U.S.C. § 1320a-7b(b), in connection with a kickback scheme.

Pending before the Court are Defendant Novartis’s motions to dismiss the Government’s Amended…