Pequignot v. Solo Cup Co.

Pequignot v Solo Cup false marking Fed Cir 2010


Matthew A. Pequignot appeals from the decision of the United States District Court for the Eastern District of Virginia granting summary judgment of no liability for false marking. Pequignot v. Solo Cup Co., 646 F. Supp. 2d 790, 795-800 (E.D. Va. 2009) ("SJ Op."). Pequignot also appeals from the court's determination of what constitutes an "offense" for the purpose of assessing the statutory fine. Id. at 801-804. Because Pequignot cannot show that Solo Cup Company ("Solo") had the requisite intent to falsely mark its products, we [608 F.3d 1358] affirm the court's judgment of no liability. We therefore vacate the court's determination of the meaning of the word "offense" as moot.

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Reference Info:Decision | Federal, Federal Circuit, Patent | United States

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