High Court May Take Fight Over False Ad Standing

Law360, New York (March 4, 2013, 6:44 PM EST) -- The U.S. Supreme Court on Friday asked Static Control Components Inc. to respond to a petition by Lexmark International Inc. seeking review of a ruling that Static Control had standing to make false advertising counterclaims in response to a Lexmark patent suit.

Last month, Static Control waived the right to respond to Lexmark's Jan. 14 petition for writ of certiorari, which maintains that under the Lanham Act, only direct competitors should be allowed to bring false advertising claims.

According to Lexmark, the Sixth Circuit was wrong...
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