False Marking Changes Unconstitutional, Group Says

Law360, New York (March 23, 2012, 3:51 PM EDT) -- Public Patent Foundation Inc. appealed the dismissal of its false patent marking suit over Tylenol to the Federal Circuit last week, arguing that the America Invents Act provision retroactively stripping standing from nearly all false marking plaintiffs was unconstitutional.

PubPat executive director Daniel B. Ravicher said in a statement Thursday that the group filed a notice of appeal on March 16 in the Southern District of New York in its case alleging Johnson & Johnson subsidiary McNeil-PPC Inc. marked Tylenol with expired patents.

Judge Katherine B....
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