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In Re BP Lubricants Revisited

Law360 (March 21, 2011, 12:19 PM EDT) -- The Federal Circuit decision in In Re BP Lubricants will do little to curb false marking cases. The overwhelming majority of district court cases already held that Rule 9(b) fraud pleading applies to a §292 action. In addition, most district courts confronted with a complaint that only alleged knowledge of a false marking based on the allegation that the patentee is a sophisticated company with experience in applying for and obtaining patents dismissed the action as not meeting the Rule 9(b) pleading requirements.

The Federal Circuit...
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