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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