Bayer, Bic Escape False Patent Marking Suits

Law360, New York (August 26, 2010, 7:20 PM EDT) -- Drugmaker Bayer Healthcare LLC and lighter manufacturer Bic Corp. have won the dismissal of separate qui tam actions alleging that they each falsely marked certain products with expired patents.

Judge Sue L. Robinson of the U.S. District Court for the District of Delaware on Wednesday granted the companies' motions to dismiss qui tam relator Jennifer L. Brinkmeier's suits for failure to state a claim on which relief could be granted and for failure to plead allegations of fraud with required particularity.

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