Patent Group Rips America Invents In Tylenol Marking Suit

Law360, New York (November 15, 2011, 1:26 PM EST) -- Public Patent Foundation Inc. on Friday lashed out against the America Invents Act, saying the new law’s false marking provisions shouldn’t retroactively preclude the group from its suit alleging Johnson & Johnson subsidiary McNeil-PPC Inc. affixed expired patents to its Tylenol product.

PubPat in New York federal court questioned the constitutionality of America Invents, saying the recently enacted bill’s provisions modifying the false marking statute violate the due process clause of the Fifth Amendment and “[deprive] PubPat of its property right in this matter without any...
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