False Marking Law Found Constitutional Again

Law360, New York (July 19, 2011, 3:30 PM EDT) -- A Pennsylvania federal judge on Monday ruled that the false patent marking statute was constitutional, refusing to toss a suit against Ranbaxy Laboratories Inc. and saying it was up to Congress to address possible abuse of the law.

U.S. District Judge Michael M. Baylson denied Ranbaxy's motion to dismiss the suit, which argues that the qui tam provision of the law, which lets anyone sue and collect half the recovered damages, violates the U.S. Constitution by failing to give the government sufficient control over false marking...
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