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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!