Blistex Can't Shake False Marking Suit

Law360, New York (November 8, 2010, 1:58 PM EST) -- A federal judge has refused to give Blistex Inc. a quick win in a qui tam lawsuit alleging the company marked its lip ointment products with an expired patent in order deceive the public and thwart would-be competitors.

Judge Amy St. Eve of the U.S. District Court for the Northern District of Illinois rejected Blistex’s bid to dismiss the false marking suit Wednesday, finding that although the fraud allegations are general, they are not merely speculative, and are therefore adequate to proceed.

Blistex contended that the...
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