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In a surprising development, the U.S. Department of Justice filed a brief telling the U.S. Supreme Court that it wants to end a closely watched whistleblower lawsuit filed against Gilead Sciences (GILD) because it is “not in the public interest.”

Moreover, the Justice Department further indicated it would seek to dismiss the case if the Supreme Court were to send it back for further review by a federal circuit court, even though the agency appeared to support the legal theory underpinning the case.

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The move, which is a boon for the drug maker, came after the Supreme Court asked the federal government last April for its views on the lawsuit and, particularly, what constitutes a material representation by companies that bill the federal government.

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