Retroactively Applying AIA Provision Legal, Fed. Circ. Rules

Law360, New York (May 4, 2012, 7:59 PM EDT) -- The Federal Circuit on Wednesday ruled that Congress had not violated the Constitution by making last year's landmark patent reform law apply retroactively to false marking lawsuits filed before bill's effective date.

The appeals court refused to reconsider its November decision that the qui tam exclusion in the America Invents Act meant relator Bruce Rogers had no standing to sue Tristar Products Inc. for improperly marking its juicer products, even though he filed the suit before the law was passed.

Rogers originally went to the Federal...
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