Citing Patent Law, Fed. Circ. Nixes Juicer Marking Case

Law360, San Diego (November 18, 2011, 9:18 PM EST) -- Handing down its first false patent marking ruling since the passage of the patent reform law, the Federal Circuit on Wednesday refused to revive a case alleging Tristar Products Inc. improperly marked its juicer products and vacated a dismissal order that the old qui tam provision of the marking statute was unconstitutional.

A three-judge panel determined that based on the America Invents Act that passed in September — which limited qui tam suits over false patent marking to those who have suffered a competitive injury and...
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