High Court Asked To Review AIA False Marking Rule

Law360, Los Angeles (August 5, 2013, 4:07 PM EDT) -- The Public Patent Foundation asked the U.S. Supreme Court on Thursday to rule part of the Leahy-Smith America Invents Act of 2011 unconstitutional, specifically asking whether the retroactive application of the AIA’s changes to the false marking statute violates petitioners' due process.

PubPat’s petition for certiorari comes after PubPat told the Federal Circuit in August that the provision in the AIA blocking most third parties from filing false patent marking suits would strip away its constitutional due process rights if applied retroactively. Prior to the scheduling of...
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