Tuesday, April 20, 2010

In an Amended Complaint, Plaintiff adds a count of False Marking where Defendants Allegedly Marked Products with Plaintiff’s Patent Number

From the Amended Complaint:

Violation of 35 U.S.C. §292 [False Marking]
(TriPharma Against Defendants and Does 1 through 10)
78. TriPharma incorporates paragraphs 1 through 70 in support of this claim for relief.
79. Defendants, without TriPharma’s consent, marked and continue to mark, used and continue to use in advertising, offered and continue to offer for sale, and/or sold and continue to sell the Mandura Product in the United States and in this District with “US Patent #6,899,892,” the 892 Patent number, the word “patent, and/or the word “patented” with the intent of counterfeiting or imitating the Original Product and/or deceiving the public and inducing them to believe that the Mandura Product was made, offered for sale, and/or sold by or with the consent of TriPharma. At no time did TriPharma ever consent to allowing Defendants to use or refer to the 892 Patent.
80. Defendants’ false marking of the Mandura Product with the 892 Patent has been and continues to be willful and deliberate.
81. As a direct result of Defendants’ false marking, TriPharma has suffered and will continue to suffer injury and damages for which it is entitled to relief under35 U.S.C. Section 292, including, but not limited to, a fine up to $500 for every such offense. In prosecuting this claim for relief, TriPharma is acting on behalf of the United States of America and is entitled to receive 50% of the damages.

Tripharma LLC v. Solstice International Partners et al, 8-10-cv-00222 (CACD April 16, 2010, Amended Complaint)

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