The Supreme Court had taken an interest in the whistle-blower case, which accused Gilead of lying to the FDA about using an unapproved Chinese ingredient in some of its HIV drugs.The lawsuit was filed in 2010 by two former Gilead employees who claimed the drugmaker defrauded the government because it failed to disclose the medication was defective and federal programs paid nearly $5 billion for the ineffective, contaminated drugs.
The lawsuit was initially dismissed three years ago by a lower court, but was revived in July 2017 by a federal appeals court.
In its brief to the Supreme Court, the Justice Department argued the case may burden the FDA, but did not explain why it would not be in the public interest.
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