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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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« District Court Rejects Constitutional Challenge to New False Marking Statute | Main | Eastern District of Texas Dismisses False Marking Case Sua Sponte in Light of America Invents Act »

Federal Circuit Instructs District Court to Dismiss False Marking Case

FLFMC, LLC v. Wham-O, Inc. (Fed. Cir. Oct. 19, 2011) (nonprecedential)

Today, the Federal Circuit dismissed the Wham-O appeal as moot in light of the amendments to the false marking statute by the America Invents Act.  The court further ordered the case remanded with instructions to dismiss.  In a footnote, the court noted that "[t]he parties do not challenge, and this court does not address, the constitutionality of the retroactive application of the amendments to § 292."

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.  Gray on Claims is also providing information on false marking settlements.  Other writings on false marking can be found here