News & Analysis as of

False Marking

Trust but Verify – When Speculation and Assertion Are Not Enough

In a non-precedential opinion in Gravelle v. Kaba Ilco, Co., [2016-3218] (April 12, 2017), the Federal Circuit affirmed the district court’s finding of summary judgment for Kaba on the grounds that the plaintiff (Gravelle)...more

5 Hour Energy Deceptive Practices Lawsuit Survives Challenge

by Klein Moynihan Turco LLP on

A federal court in the Central District of California has denied a motion filed by the manufacturers and marketers of the dietary supplement, 5 Hour Energy, which would have dismissed a putative nationwide deceptive practices...more

Food Litigation Newsletter - September 2015

by Perkins Coie on

RECENT SIGNIFICANT RULINGS - Subway Settles Footlong Complaints - In re: Subway Footlong Sandwich Mark’g & Sales Practices Litig., No. 3:13-md-2439 (E.D. Wis.): The Court granted preliminary approval to a nationwide...more

No Competitive Injury Without Intent and Action to Enter the Market - Sukumar v. Nautilus, Inc

by McDermott Will & Emery on

In a precedential case of first impression interpreting 35 U.S.C. § 292 of the America Invents Act (AIA), the new “False Marking Statute,” the U.S. Court of Appeals for the Federal Circuit explained that even potential...more

First Look at False Marking Under the AIA

by Foley & Lardner LLP on

In Sukumar v. Nautilus, Inc., the Federal Circuit took its first look at the standing requirements to bring a false marking case under the American Invents Act (AIA). The court rejected Nautilus’ arguments that only “market...more

Court Dismisses Foreign Banks from U.S. Lawsuit Alleging Complicity in Counterfeit and Illegal Online Drug Sales

The fight against sophisticated online schemes to sell counterfeit or otherwise illegal goods is being waged by increasingly focused efforts to identify responsible parties that may be sued in U.S. courts, and whose assets...more

Patent Watch: Brooks v. Dunlop Mfg. Inc.

by BakerHostetler on

Given Congress' legitimate concerns with respect to the cost and constitutionality of pending qui tam actions, we conclude that the retroactive application of amended § 292 to pending actions was a rational means of pursuing...more

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