Merck Unit EMD Faces False Patent Marking Suit

Law360, New York (January 11, 2011, 2:16 PM EST) -- EMD Chemicals US Holdings Inc., a subsidiary of German pharmaceutical giant Merck KGaA, has been slapped with a qui tam suit accusing it of marketing its products with 18 patents that expired between 1934 and 2009.

Tex Pat LLC, the relator, filed its complaint Sunday in the U.S. District Court for the Eastern District of Texas, saying EMD misled the public and hampered competition by attaching expired patents to its products, including patents for techniques to extract bacterial DNA from food samples and common laboratory techniques...
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