Wednesday, August 11, 2010

Court will revisit and reconsider the standing issue in False Marking case


In United States of America ex rel. FLFMC, LLC v. Wham-O Inc., Civil Action No. 10-435, this Court issued a Memorandum Opinion (Doc. No. 28) and Order (Doc. No. 29) on August 3, 2010 finding that FLFMC, LLC, plaintiff in Wham-O and in the instant case, did not have Article III standing to pursue its qui tam action pursuant to 35 U.S.C. § 292, and that this Court therefore lacked subject matter jurisdiction. The Court granted Wham-O’s motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1), and dismissed that case.

By Order of Court dated May 7, 2010(Doc. No. 25), this Court dismissed a similar Rule 12(b)(1) motion by defendant Ace Hardware in this case. In light of the decision in the Wham-O case, and in the interests of consistency and equal application of the law, the Court will revisit and reconsider the standing issue in this case upon motion and briefs of the parties."

United States of America ex rel FLFMC, LLC v. Ace Hardware Corp., 2-10-cv-00229 (PAWD August 3, 2010, Order) (Schwab, J.)

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