Radio Flyer Sued For Using Expired Patent

By Samuel Howard

Law360, New York (September 07, 2010, 3:00 PM ET) -- Radio Flyer Inc.’s eye-catching bright red wagons have attracted attention from Promote Innovation LLC, a qui tam plaintiff alleging the toy company marks its iconic wagons with an expired patent.

The complaint, filed Thursday in the U.S. District Court for the Eastern District of Texas, claims Radio Flyer hampers competition and misleads the public by labeling two of its wagon models with a patent that expired more than four years ago.

Promote Innovation, a regular qui tam plaintiff in false marking suits, alleges the Radio Flyer...
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