Tuesday, March 15, 2011

New Federal Circuit Opinions - March 15, 2011

In re BP Lubricants USA, Inc., No. 10m960 (Fed. Cir. Mar. 15, 2011)(order)(holding that Fed. R. Civ. P. Rule 9(b)’s particularity requirement applies to false marking claims under § 292).

Comment: This landmark decision will make it very difficult, if not possible, for any one to file false marking claims under 35 U.S.C. § 292.

Monday, February 28, 2011

New Federal Circuit Opinions - February 28, 2011

Cancer Research Tech. Ltd. v. Barr Labs., Inc., No. 2010-1204 (Fed. Cir. Feb. 28, 2011) (per curiam order denying Barr Labs' petition for rehearing en banc with dissenting opinions by Judges Prost and Dyk).

Friday, February 18, 2011