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Articles

AIA revisions to false marking statute not unconstitutional

July 18, 2014

Articles

AIA revisions to false marking statute not unconstitutional

July 18, 2014

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Fed. Cir. affirms dismissal of qui tam false marking case, filed before AIA enactment, for lack of standing.

Stauffer v. Brooks Brothers Grp., Inc., ___F.3d ___ (Fed. Cir. July 10, 2014) (Lourie, SCHALL, Moore) (S.D.N.Y.: Stein) (1 of 5 stars)

Mr. Stauffer argued for unconstitutionality of the AIA provisions permitting marking with expired patent numbers, eliminating the false-marking statute’s qui tam provision, and doing so for all pending cases.  He had standing under Lujan to present such an appeal: if he won on both issues, his qui tam suit could move forward and a favorable decision would address his alleged injury. —Read more on Fish’s Litigation Blog

 

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