Fed. Circ. Shuts Door On Juniper False Marking Suit

Law360, New York (April 29, 2011, 7:36 PM EDT) -- The Federal Circuit on Friday upheld a California federal court's dismissal of Juniper Network's false patent marking suit against an alleged computer hacker, finding it failed to show that patents listed on the hacker's website constituted marking an “unpatented article.”

The appeals court affirmed the lower court's decision to dismiss without leave to amend Juniper's lawsuit that accused Peter M. Shipley of listing patents for Dynamic Firewall software that no longer protected his website in an effort to advertise his consulting services.

Juniper filed suit after...
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