Patent Law Limits On False Marking Suits Legal: Judge

Law360, New York (October 21, 2011, 8:13 PM EDT) -- A California federal judge on Wednesday shot down a challenge to the new America Invents Act, ruling the patent reform law's retroactive false marking provisions do not violate the U.S. Constitution. 

U.S. District Judge Marilyn L. Huff denied hunting retailer Cabela’s Inc.’s motion for summary judgment on its false marking counterclaim in a patent infringement suit brought by Seirus Innovative Accessories Inc., saying Cabela’s Constitutional arguments did not hold up under review.

Nebraska-based Cabela’s argued that the retroactive provisions of the AIA — signed into law...
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