US Defense Of False Marking Law Falls On Deaf Ears

Law360, New York (March 14, 2011, 8:40 PM EDT) -- A federal judge in Ohio on Monday reaffirmed his February ruling that the qui tam provision of the false patent marking statute is unconstitutional, rejecting the government's argument in defense of the law.

Judge Dan Aaron Polster of the U.S. District Court for the Northern District of Ohio said he found the government's arguments for the provision's constitutionality unpersuasive, and left in place his earlier order in the case accusing Hy-Grade Valve Inc. of falsely marking its products.

On Feb. 23, Judge Polster ruled that the...
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