LexisNexis® Legal Newsroom
Brinks Hofer Gilson & Lione: Federal Circuit Holds that the Particularity Requirement of Rule 9(b) Applies to False Marking Cases

On March 15, 2011, the United States Court of Appeals for the Federal Circuit, on petition for writ of mandamus, issued its decision in In re BP Lubricants USA Inc. , No. M960 (Fed. Cir. Mar. 15, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE...

Fulbright & Jaworski L.L.P: Federal Circuit Holds That False Marking Claims Must Be Pled With Particularity

By Sheila Kadura and Mark Thomas Garrett The false marking statute, 35 U.S.C. § 292 , prohibits falsely marking an "unpatented" article as patented, falsely marking an article as covered by a pending patent when no application has been filed, or using such false markings...

Cadwalader, Wickersham & Taft LLP: Rule 9(b) Applies To The False Marking Statute

By Karen J. Axt Ph.D. Resolving an issue that has become increasingly important since the Federal Circuit set-off an avalanche of suits under 35 U.S.C. § 292 for false patent marking by ruling in December 2009 that the statutory penalty of up to "$500 for every such offense"...