Congress recently sought to rein in the growing trend of private false-marking suits with amendments included in the America Invents Act. Specifically, these amendments allow only the U.S. government to sue for a civil penalty and make damages available only to a party that has suffered a competitive injury from the allegedly falsely marked products. Additionally, Congress explicitly made these amendments effective retroactively, thereby eliminating currently pending false-marking suits that were not brought by the U.S. government or a party suffering a competitive injury. In a non-precedential decision, the Federal Circuit recently held that this retroactive elimination was not unconstitutional.
July 03, 2012
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