AIA Rules Out All Private False Marking Cases: Fed. Circ.

Law360, New York (December 19, 2012, 4:09 PM EST) -- The Federal Circuit on Wednesday strengthened Presidio Components Inc.'s win in its infringement and false marking spat with American Technical Ceramics Corp., saying that the Leahy-Smith America Invents Act precludes all private false marking cases.

The appeals court vacated a portion of a California federal court's judgment that favored ATC on false marking claims in the patent infringement case, saying the AIA eliminated a qui tam provision that supported ATC's false marking claim. According to the judges, the AIA's legislative history showed it intended to eliminate...
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