High Court To Weigh False Ad Standing In Lexmark Case

Law360, New York (June 3, 2013, 2:47 PM EDT) -- The U.S. Supreme Court said Monday it would consider whether Static Control Components Inc. had standing to lodge false advertising counterclaims in response to a patent infringement lawsuit from Lexmark International Inc.

The high court granted Lexmark's petition for a writ of certiorari, which argued that the Sixth Circuit applied an improperly lax standard when it concluded in August that Static Control had the right to bring the claims because it had a "reasonable interest" to be protected against the alleged false advertising.

The justices will now...
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