Despite Broad Holding on Whistleblower Standing in False Marking Cases, Pleading Hurdle Is High
Patent practitioners say the Federal Circuit’s decision that whistleblowers have standing to sue companies that falsely label their products as covered by patents probably won’t save cases filed based on the bare fact that products contain false markings. The unanimous panel ruling, which reversed a New York federal court decision, directs the lower court to consider whether the complaint failed to allege an intent to deceive with enough specificity to meet the pleading requirements for fraud.
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