Fed. Circ. Cracks Down On False Marking Suits

Law360, New York (March 15, 2011, 4:07 PM EDT) -- The Federal Circuit on Tuesday granted a writ of mandamus to BP Lubricants USA Inc. and threw a giant hurdle in the path of false marking whistleblowers, ruling that highly particularized pleading standards are required to wage false marking suits.

Cracking down on a permissive drift in the courts, the U.S. Court of Appeals for the Federal Circuit determined that viable claims under the false marking statute must meet Rule 9(b)’s particularity requirement rather than rely on general allegations.

The order invokes the gatekeeping function of...
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