Congress recently amended the false-marking statute in the America Invents Act and eliminated the ability of private individuals to sue on behalf of the government for acts of false marking. Now, only competitors and the U.S. Government have standing to pursue false-marking claims. Because of the amendments’ immediate and retroactive effect, however, questions remained about what would become of ongoing qui tam false-marking actions. One U.S. District Court recently held that the retroactive effect of these provisions required dismissal of those claims and that this dismissal did not violate due process or the fifth amendment.
February 21, 2012
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