US To Weigh In On Legality Of False Marking Statute

Law360, New York (January 25, 2011, 4:21 PM EST) -- A federal judge has allowed the U.S. government to weigh in on the constitutionality of the false marking statute, approving its request to intervene in a suit accusing GlaxoSmithKline LLC of marking its Fiber Choice product with an expired patent.

Magistrate Judge Robert C. Mitchell of the U.S. District Court for the Western District of Pennsylvania signed an order Thursday allowing the United States to respond to GSK's argument that statute 35 U.S.C. Section 292 violates the so-called take care clause of Article II of the...
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