False Marking Claims Nixed In Lexmark Patent Suit

Law360, New York (July 7, 2010, 5:18 PM EDT) -- A federal judge has discarded Advanced Cartridge Technologies LLC’s false marking claims against Lexmark International Inc., and unless the plaintiff fine-tunes the allegations, the defendant will be free to focus on claims it infringes three toner cartridge patents.

Adopting heightened pleading standards, Judge Steven D. Merryday of the U.S. District Court for the Middle District of Florida tossed ACT’s false marking allegations on June 30, finding little force to claims that Lexmark labeled its toner cartridges with irrelevant or expired patents in order to deceive the...
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