Fighting The False Marking Trolls

Law360, New York (March 16, 2011, 2:18 PM EDT) -- The Federal Circuit has taken a major step toward curbing the onslaught of false marking cases that have been filed — and that continue to be filed — by qui tam relators, also known as false marking trolls. The court granted BP Lubricants’ petition for mandamus and found that claims under 35 U.S.C. § 292 must be pled pursuant to the heightened pleading requirements of Fed. R. Civ. P. 9(b) instead of the more lenient default standard of Fed. R. Civ. P. 8(a).

The court’s opinion...
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