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Expert Analysis

Fighting The False Marking Trolls

Law360 (March 16, 2011, 2:18 PM EDT) -- The Federal Circuit has taken a major step toward curbing the onslaught of false marking cases that have been filed — and that continue to be filed — by qui tam relators, also known as false marking trolls. The court granted BP Lubricants' petition for mandamus and found that claims under 35 U.S.C. § 292 must be pled pursuant to the heightened pleading requirements of Fed. R. Civ. P. 9(b) instead of the more lenient default standard of Fed. R. Civ. P. 8(a)....

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