False Marking Fastidiousness: Federal Circuit Determines That False Marking Allegations Must Be Particularly Pleaded
The Federal Circuit finally resolved a hotly contested issue that has plagued false marking litigation under 35 U.S.C. s. 292 since the landmark decision in Piquenot v. Solo Cup Company. The issue: Are so-called qui tam plaintiffs, bringing false marking claims on behalf of the federal government, required to plead those claims with particularity under the Federal Rules of Civil Procedure?
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