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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