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04/14/2010 04:55:00 PM EST

H.R. 4954: False Markings and Competitive Injury

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LexisNexis Patent Community Staff

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The House is discussing H.R. 4954, which provides for recourse under patent law for persons who suffer "competitive injury" as a result of false markings.

The bill would retroactively eliminate the statutory basis for the 100-plus qui tam false marking actions now in the trial courts based upon expired patent markings.  The Senate has no standalone bill on false marking and may include the concept in its larger patent reform package.


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