Thursday, September 29, 2011

Another False Marking Case Dismissed Sua Sponte in Light of Leahy-Smith

The court sua sponte dismissed plaintiff's qui tam false marking action for failure to state a claim following the enactment of the Leahy-Smith America Invents Act. "This dismissal is without prejudice for Plaintiff to re-file its complaint in the event Plaintiff can prove it has suffered a 'competitive injury' and it can satisfy the other requirements under the statute."

GHJ Holdings, LLC v. WMS Gaming, Inc., 2-11-cv-02761 (CACD September 27, 2011, Order) (Wright, J.)

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