US To Take False Marking Law To Fed. Circ.

Law360, New York (March 25, 2011, 7:15 PM EDT) -- The U.S. government said Friday it will ask the Federal Circuit to review an Ohio federal judge's ruling that the qui tam provision of the false patent marking statute is unconstitutional.

The government's notice of appeal, filed by U.S. Attorney Steven M. Dettelbach in the U.S. District Court for the Northern District of Ohio, challenges Judge Dan A. Polster's March 14 final judgment in Unique Product Solutions Ltd.'s false marking suit against Hy-Grade Valve Inc.

In that ruling, Judge Polster allowed the government to intervene in...
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