Tuesday, December 14, 2010

Criminal Nature of False Marking Claim and Resulting Public Harm Warrant Denial of Stay

The court denied defendant's motion to stay plaintiff's false marking action pending a final determination by the ITC in an action where defendant was not the respondent. "Even assuming [plaintiff] itself would not be unduly prejudiced or put at a clear tactical disadvantage . . . false marking is a crime. False marking deceives the public, meaning that the interests at stake in such a suit go beyond merely [the parties to this action]; instead, a false marking suit has direct consequences for all consumers. Staying this case will, if [plaintiff's] allegations are correct, result in continued harm to the public, not just [plaintiff], for at least another year." (page 5)

Promethean Inc. v. eInstruction Corporation, 9-10-cv-00106 (TXED November 30, 2010, Order) (Clark, J.)

No comments: