Rule 9(b) And False Marking Claims

Law360, New York (December 13, 2010, 11:29 AM EST) -- You may be aware of the amicus curiae brief recently filed by the U.S. on Oct. 20, 2010, in support of the mandamus brief filed by defendant BP Lubricants USA Inc. (In re: BP Lubricants USA Inc., No. 2010-960 (Fed. Cir.)). BP Lubricants filed its mandamus brief to challenge the lower court’s denial of its motion to dismiss.

The motion to dismiss centered on an alleged failure of the qui tam relator to sufficiently plead intent to deceive, as false marking claims require. But is the...
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