False Marking Cases On Shaky Ground After BP Ruling

Law360, New York (April 8, 2011, 2:52 PM EDT) -- A recent ruling by the Federal Circuit that imposed a rigorous pleading standard on plaintiffs bringing false patent marking suits has prompted dismissals of dozens of defendants from cases, and more dismissals are on the way, attorneys say.

On March 15, the U.S. Court of Appeals for the Federal Circuit granted a writ of mandamus to BP Lubricants USA Inc. and held that viable claims under the false marking statute must meet Rule 9(b)’s particularity requirement rather than rely on general allegations.

The Federal Circuit specifically...
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