False Marking Statute Is Unconstitutional: Wham-O

Law360, San Diego (July 7, 2011, 10:29 PM EDT) -- Wham-O Inc. urged the Federal Circuit during oral arguments Thursday to find the qui tam provision of the false marking statute unconstitutional and affirm the dismissal of FLFMC LLC’s suit alleging the toy maker marked its Frisbee products with expired patents.

Relator FLFMC sued Wham-O in April 2010, claiming its Frisbee products were marked with expired patents that were issued in the 1960s. The suit was one of numerous false marking cases that have been filed since the Federal Circuit ruled in December 2009 in Forest Group Inc. v. Bon Tool Co. that false marking could result in a judgment of...

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