Group Asks Fed. Circ. For Review Of False Marking Provision

Law360, New York (May 22, 2012, 4:25 PM EDT) -- Public Patent Foundation Inc., which is challenging the law that retroactively stripped most false patent marking plaintiffs of standing, asked the Federal Circuit on Monday to either consider en banc whether the provision is constitutional or allow an immediate appeal to the U.S. Supreme Court.

PubPat, which accused Johnson & Johnson subsidiary McNeil-PPC Inc. of marking Tylenol with expired patents, appealed to the Federal Circuit in March, arguing that it was unconstitutional for the America Invents Act's restrictions on false marking suits in to apply to...
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