Subscribe and Connect

Justin E. Gray

IP Litigation Attorney at Foley & Lardner LLP

Former Adjunct Professor at Northwestern University School of Law

Send questions, comments and suggestions to

« Split Federal Circuit Panel Finds Preamble Language Not Limiting | Main | BPAI Finds Broadest Reasonable Construction of "Computer Program Product" Includes Non-Statutory Subject Matter »

First False Marking Declaratory Judgment Action Filed

North States Indus., Inc. v. Patent Compliance Group, Inc. (D. Minn., complaint filed Mar. 16, 2010)

North States Industries, Inc. was sued for false patent marking by the Patent Compliance Group in the Northern District of Texas on March 1st.  Patent Compliance Group has alleged that North States falsely marked pet gate products with the numbers of two expired patents.  In response, North States recently filed its own Declaratory Judgment Action against Patent Compliance Group in the District of Minnesota, asking for a judgment that North States has not violated the false marking statute.

Filing such a DJA is a novel strategy and it will be interesting to see if other entities accused of false marking follow suit.  It is currently unclear whether North States will also be filing a motion to dismiss in the Texas false marking litigation for lack of personal jurisdiction or venue grounds.

Gray on Claims, in conjunction with Docket Navigator®, is providing a false marking chart that is updated daily with new false marking cases as well as status updates on pending cases.  A downloadable PDF chart is available on this page as well including information on the specific patents and products at issue in each litigation.  A link to North States' DJA complaint can also be found on this chart.