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15 Mar 2011, 10:50 am by Lawrence B. Ebert
Wal-Mart Stores, Inc., 575 F.3d 1312, 1327 (Fed. [read post]
11 Apr 2011, 5:31 pm
Granting in part Petitioner BP Lubricants USA, Inc.'s request for mandamus, the Court ordered the district court to dismiss relator's complaint with leave to amend. [read post]
11 Apr 2011, 8:03 pm
Granting in part Petitioner BP Lubricants USA, Inc.'s request for mandamus, the Court ordered the district court to dismiss relator's complaint with leave to amend. [read post]
7 Apr 2011, 4:26 pm by Michael C. Smith
John Ward Holding: Motion to Dismiss GRANTED with leave to replead As readers are aware, the Federal Circuit in In re BP Lubricants USA, Inc., --- F.3d ----, 2011 WL 873147 (Fed. [read post]
7 Dec 2010, 4:55 pm by Justin E. Gray
In response to a petition for writ of mandamus in the Federal Circuit in In re BP Lubricants USA Inc., regarding the issue of whether the pleading requirements of Rule 9(b) apply to false marking cases, the United States has submitted an amicus curiae brief that states: The position of the United States is that, consistent with other cases "sounding in fraud," False Marking cases should be subject to the pleading requirements of Rule 9(b). [read post]
28 Mar 2013, 2:30 pm
The USA has always been quite forward in this respect. [read post]
4 Apr 2011, 6:11 am by jcarnicella
  The Federal Circuit’s decision in In Re BP Lubricants USA Inc. [read post]
17 Mar 2011, 6:29 pm by Jim Singer
  In In re BP Lubricants USA, Inc., the Court held that private false marking complaints must “state with particularity the circumstances constituting fraud or mistake. [read post]
16 Mar 2011, 4:02 am by Woodrow Pollack
Petition for a writ of mandamus, directing the district judge to grant defendant's motion to dismiss granted in part.In re BP Lubricants USA, Inc., Misc. [read post]
3 Jun 2011, 8:39 pm by John Ottaviani
Around the same time, the Federal Circuit held in In re BP Lubricants USA Inc. that conclusory allegations that a defendant is a sophisticated company, and "knew or should have known" that a patent had expired are insufficient, and that a complaint must "provide some objective indication to reasonably infer that the defendant was aware that the patent expired. [read post]
15 Mar 2011, 9:14 am by Matt Osenga
Today, the Federal Circuit issued a wirt of mandamus ordering the district court to dismiss a false marking case in In re BP Lubricants USA Inc. [read post]
25 Mar 2011, 10:08 pm by Apeng
False marking must be pled with particularity: In re BP Lubricants USA Inc / ????????????????? [read post]