US Defends AIA’s Limit On Marking Suits In Swiffer Row

Law360, San Diego (December 13, 2011, 6:34 PM EST) -- The U.S. on Monday defended the constitutionality of a provision of the patent reform law that retroactively limits qui tam false marking suits, filing a brief in a suit targeting Procter & Gamble Co.’s Swiffer products in Illinois federal court.

Heathcote Holdings Corp. Inc. has argued that the America Invents Act’s retroactivity provision violates the Fifth Amendment’s due process and takings clauses, but Patrick Fitzgerald, the U.S. attorney for the Northern District of Illinois, denied there was any violation.

He asserted that Congress had a rational...
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