Cato Joins Wham-O False Marking Debate In Fed. Circ.

Law360, New York (March 1, 2011, 7:27 PM EST) -- Libertarian think tank The Cato Institute on Friday urged the Federal Circuit to uphold the dismissal of a false marking suit against Frisbee maker Wham-O Inc., arguing the qui tam provision of the statute is unconstitutional.

The false marking statute violates the take care clause of Article II of the Constitution and should not be allowed to stand, the foundation's senior fellow Walter Olson argued in an amicus brief filed in qui tam relator FLFMC LLC's suit in the U.S. Court of Appeals for the Federal...
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