Exergen Escapes False Marking Suit Due To Overlap

By Jesse Greenspan (July 23, 2010, 5:56 PM EDT) -- Using a novel legal argument based on a previously filed suit asserting the same claims, temporal artery thermometer maker Exergen Corp. has won dismissal from a qui tam suit that accused it and 20 other companies of marking their products with expired patents.

Judge Jeremy Fogel of the U.S. District Court for the Northern District of California signed an order Thursday that dismissed the action against Exergen on the merits. At the same time, he severed the case, transferred some of the defendants to their home districts and stayed the suits that remained before him.

With regard to Exergen, Judge Fogel...

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