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Squeezing the Juice Out of Patent False Marking Claims

It’s been a while since we’ve had a false marking case at the Federal Circuit. That’s probably due to the America Invents Act’s (AIA) amendments to the false marking provision, which took effect the day President Obama signed the bill. Under the new law, private individuals can only bring suit for false marking if they have suffered “competitive injury.”

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Patent Judgment Day: The End Is Here

Has final judgment day arrived at the district court? In the first week of May, the Federal Circuit issued several orders addressing this question. The Federal Circuit concluded that 2 cases had reached the end of their lower court days, but 1 case still had some life left.

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A Patent Beast of Burden

In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation, Nos. 2011-1399, -1409 (Fed. Cir. Apr. 16, 2012) (Judges Newman, O’Malley, and Reyna) In this case, the

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Signed, Sealed, Delivered

USPPS, Ltd. v. Avery Dennison Corp., No. 2011-1525 (Fed. Cir. Apr. 17, 2012) (Judges Prost, Mayer, and O’Malley) (per curiam) In this unusual decision, the

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