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Western District of Virginia Court Grants Partial Summary Judgment on False Patent Marking and Consumer Law Claims
Last week, Judge Turk in the Western District of Virginia granted a plaintiff summary judgment on several elements of his false marking claims as well as on elements of his state law claims of false advertising and consumer protection act violations but held that whether the defendant acted...
If you thought passage of the America Invents Act would end the flood of false patent marking claims, think again. In December, Judge Turk in the Western District of Virginia ruled that a false marking plaintiff could proceed under state consumer protection laws and that such claims were...
Good post by Paul Morgan on PatentlyO concerning the death of false marking litigation and ongoing importance of patent marking.
Interesting article in the WSJ about a false patent marking case involving Wham-O, maker of frisbees. The company is the latest defendant in a string of lawsuits against firms accused of marking their products with patent numbers that are long expired. The frisbee or "fying disc" was conceived by...
Brinkmeier v. Bic Corporation et al., Civ. No. 09-860-SLR; Brinkmeier v. Bayer Healthcare LLC, Civ. No. 10-01-SLR, June 15, 2011. Robinson, J. Plaintiff’s motion to reconsider dismissal of false marking claims is denied.On November 13, 2009 and on January 3, 2010, plaintiff...