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28 Mar 2013, 2:30 pm
The USA has always been quite forward in this respect. [read post]
1 Jul 2011, 12:35 pm by Robert Wagner
In the first real set back to plaintiffs, the Federal Circuit in In re BP Lubricants USA Inc., 637 F.3d 1307 (Fed. [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]
13 Apr 2011, 5:13 pm by FDABlog HPM
  Although the Gray On Claims Blog recently reported that the number of false marking qui tam lawsuits appears to have slowed since the Federal Circuit’s March 15, 2011 decision in In re BP Lubricants USA Inc., in which the Court held that the particularity requirement of Fed. [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]
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]
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]
4 Apr 2011, 6:11 am by jcarnicella
  The Federal Circuit’s decision 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]
23 Mar 2011, 9:13 am by Stefanie Levine
  Heightened Pleading Standards in False Marking Cases  On Tuesday, the Federal Circuit granted in part a petition for writ of mandamus in In Re BP Lubricants USA Inc., Misc. [read post]
21 Mar 2011, 3:06 am by Marie Louise
Highlights this week included: CAFC: False marking must be pled with particularity: In re BP Lubricants USA Inc (Inventive Step) (IPBiz) (271 Patent Blog) (Gray on Claims) (Patent Law Practice Center) (Patently-O) (IP Spotlight) Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored. [read post]
18 Mar 2011, 5:22 am by Brian Wm. Higgins
          Earlier this week, in In re BP Lubricants USA, Inc., ___ F.3d ___ (Fed. [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]