Allergan Tries To Nix Breast Implant Marking Suit

Law360, New York (March 3, 2011, 3:29 PM EST) -- Citing a recent decision that a provision of the Patent Act is unconstitutional, Allergan Inc. asked a Texas federal court Wednesday to toss a qui tam action claiming the company sold breast implants with expired patents.

Allergan asked the U.S. District Court for the Eastern District of Texas to throw out plaintiff Kilts Resources LLC’s suit because the false marking statute of the Patent Act ran afoul of the take care clause in Article II of the U.S. Constitution — an argument the company said was...
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