Wednesday, October 20, 2010

False Marking Complaint Alleging Defendant had "No Reasonable Basis to Believe" Its Products were Patented Sufficiently Pled Intent to Deceive

Defendants' motion to dismiss plaintiff's qui tam false marking action for failure to plead intent to deceive with particularity was denied. "The complaint . . . alleges that defendants were advertising [their] products as patented on June 11, 2010 and that defendants’ products are neither patented, nor do they have a patent pending. Additionally, with respect to intent, plaintiff alleges that defendants acted intentionally because they have no reasonable basis to believe that [their] products are patented and because they attempted to gain a profit by confusing and misleading customers through claims of '17 years, long-standing success.'. . . The court . . . finds that plaintiff’s allegations regarding intent meet the general allegation requirement under Rule 9(b)."

Hallstrom v. Aqua Flora, Inc. et al., 2-10-cv-01459 (CAED October 15, 2010, Order) (Damrell, J.)

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