Fed. Circ. Rules AIA False-Marking Provision Constitutional

Law360, New York (December 13, 2012, 7:43 PM EST) -- Congress was within its rights to include a provision in the America Invents Act that nullified most pending false-patent-marking suits, the Federal Circuit ruled Thursday, shutting down an array of constitutional challenges to the law.

The court affirmed the dismissal of a suit filed by California patent attorney Kenneth Brooks against musical accessories maker Dunlop Manufacturing Inc., ruling that by foreclosing lawsuits that had already been filed, Congress did not violate the due process or intellectual property clauses of the Constitution.

"This is a significant opinion...
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