Wednesday, June 23, 2010

False Marking Complaint Must Allege Specific Facts Showing Intent to Deceive

The court granted defendant's motion to dismiss plaintiff's qui tam false marking claim where plaintiff failed to sufficiently plead an intent to deceive under Rule 9(b). "[T]he mere fact of mismarking a product does not necessarily show knowledge or intent. Thus, [plaintiff] cannot proceed with his claim absent any specific factual allegations indicating that [defendant] had knowledge of the mismarking or an intent to deceive the public."

Simonian v. Cisco Systems, Inc., 1-10-cv-01306 (ILND June 17, 2010, Memorandum Opinion) (Der-Yeghiayan, J.)

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