Case Study: Unique Product Solutions V. Hy-Grade

Law360, New York (March 17, 2011, 12:55 PM EDT) -- In a ruling that could impact hundreds of false patent marking cases pending in district courts throughout the country, Judge Polster of the U.S. District Court for the Northern District of Ohio struck down 35 U.S.C. § 292(b) (“Section 292(b)”) as violating the “Take Care” clause of Article II of the U.S. Constitution in Unique Product Solutions Ltd. v. Hy-Grade Valve Inc., No. 5:10-cv-01912-DAP (N.D. Ohio Feb. 23, 2011).

Background: The False Marking Statute and its Qui Tam Provision

Section 292(a) of the Patent Act is...
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