Judge OKs Expired Patents Label In Cold-Eeze Suit

Law360, New York (July 21, 2011, 7:19 PM EDT) -- A New York federal judge on Tuesday said a label indicating a product was "developed under" expired patents did not imply the product was protected by those patents, granting a partial win to Cold-Eeze cough drop maker ProPhase Labs Inc. in a case alleging false patent marking.

U.S. District Judge Barbara S. Jones said that while the New York-based Public Patent Foundation sufficiently alleged that ProPhase, formerly known as The Quigley Corp., intended to deceive consumers in citing two expired flavoring patents on its website, the...
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