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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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N.D. Ohio District Court Reaffirms Decision Finding False Marking Statute Unconstitutional

Unique Product Solutions, Ltd. v. Hy-Grade Valve, Inc. (N.D. Ohio Mar. 14, 2011)

As previously reported, the Northern District of Ohio recently held that the false marking statute is unconstitutional as violating the Take Care Clause of the U.S. Constitution.  Recently, the U.S. government filed a motion to intervene and for reconsideration of that order.  Yesterday, as reported by the Docket Report, the Northern District of Ohio granted the U.S. government's motion for reconsideration but also reaffirmed its earlier decision.

A PDF copy of the Court's order can be found here