AIA False Marking Rule Unconstitutional, Fed. Circ. Hears

Law360, New York (August 7, 2012, 6:43 PM EDT) -- The Public Patent Foundation Inc. told the Federal Circuit on Monday that a provision in the America Invents Act blocking most third-parties from filing false patent marking suits would strip away its constitutional due process rights if applied retroactively.

Nonprofit organization PubPat filed an appeals brief in its suit accusing Johnson & Johnson subsidiary McNeil-PPC Inc. of marking Tylenol with expired patents, arguing that the AIA's restrictions on false marking suits should not be applied to cases that started before the law was put in place....
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