Getting particular with false marking claims

Description

Abstract: Qui tam provisions, like the one in the False Marking Statute, empower everyday citizens to enforce laws. The provisions, however, also provide financial incentives that can encourage frivolous lawsuits. In one recent case, a patent attorney sued a manufacturer for marking some products with an expired patent number. But the U.S. Court of Appeals for the Federal Circuit determined that plaintiff needed to amend its complaint to satisfy the “particularity requirement” of the Federal Rules of Civil Procedure. In re BP Lubricants USA Inc., Misc. Docket No. 960, March 15, 2011 (Fed. Cir.)