False Marking Law Found Constitutional In GSK Case

By Ryan Davis (March 25, 2011, 8:02 PM EDT) -- A New York federal judge ruled Tuesday that the false marking statute is constitutional, rejecting a bid by GlaxoSmithKline PLC to dismiss a suit that claims the company marked its laxative Citrucel with expired patents.

Judge Richard M. Berman of the U.S. District Court for the Southern District of New York also largely rejected the defendant's argument that the suit by the the Public Patent Foundation failed to sufficiently allege that GlaxoSmithKline intended to deceive the public.

In ruling on the law's constitutionality, Judge Berman reached the opposite conclusion from another judge who ruled in February that the law's qui tam...

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