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.)