Defendants' motion to dismiss plaintiff's false marking claims was granted because plaintiff failed to sufficiently plead intent to deceive. "[I]n [another of the court's cases] the allegations were that defendant had continued marking a nationally known product of which this Court could take judicial notice with two expired patents, one of which was alleged to have expired a number of years ago. Defendant was alleged to have decades of experience applying for and prosecuting patents. Thus, I found that plaintiff sufficiently alleged intent. Plaintiff [in this case] makes similar conclusory allegations with regard to intent here but without the specific facts noted above. In this case, I find that the complaint does not sufficiently state facts from which I can infer intent."
Simonian v. Global Instruments, Ltd. et al., 1-10-cv-01293 (ILND August 26, 2010, Order) (Bucklo, J.)
Defendant's motion to dismiss plaintiff's false marking action for failure to state a claim was granted. "To the extent that plaintiff is arguing that [defendant] had knowledge that the patents were expired because the packaging of these products was updated following patent expiration, this argument fails to prove [defendant] had intent to deceive the public. . . . Also, plaintiff has provided no indication there was litigation on any of these patents that would imply a working knowledge of the patents, conscious knowledge of the scope and expiration date."
Brinkmeier v. BIC Corporation et al., 1-09-cv-00860 (DED August 25, 2010, Memorandum Opinion) (Robinson, J.)