Monday, December 13, 2010

Alleging Post-Expiration Modification of Packaging is Sufficient to Plead False Marking Intent to Deceive

Defendant's motion to dismiss plaintiff's qui tam false marking action for failure to allege intent to deceive was denied where plaintiff alleged defendant changed its packaging several times after the patent-at-issue expired. "[T]he court finds that the packaging change allegations support the pleading of intent to deceive sufficiently to survive a motion to dismiss."

Accord Patents, LLC v. Industrial Revolution, Inc., 1-10-cv-00860 (GAND December 9, 2010, Order) (Pannell, J.)

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