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Justin E. Gray

IP Litigation Attorney at Foley & Lardner LLP

Former Adjunct Professor at Northwestern University School of Law

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Defendant Appeals Denial of Motion to Dismiss False Marking Complaint for Failure to Adequately Plead Intent to Deceive

Tuesday, a petition for writ of mandamus was filed by a false marking defendant who asks the Federal Circuit to consider the following issue:

"Did the district court clearly err when it denied [defendant's] motion to dismiss Relator's false patent marking case for failure to plead supporting factual allegation sufficient to infer an intent to deceive under this Court's precedent in Pequignot v. Solo Cup Co., 608 F.3d 1356 and Exergen Corp. v. Wal-Mart Stores, Inc., 575 F.3d 1312?"

Yesterday, the Federal Circuit ordered the plaintiff to respond to the mandamus petition within 14 days. 

A pdf copy of the petition can be found here.  A copy of the Federal Circuit's order can be found here.

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.  Other writings on false marking can be found here.