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Assembly Line Litigation

I keep thinking I will stop doing posts listing new false marking cases, at some point, because they just keep coming.  Nevertheless, I keep putting these up because it’s just so interesting to see the initial wave of something that looks like it will change the legal landscape for patents.  The more of these cases that come out, and the more they look like assembly-line litigation, the more I’m convinced that either the legislature or the judiciary is going to push back and make these suits less attractive.

On the other hand, isn’t the rash of suits strong evidence that qui tam actions under 35 U.S.C. Sec. 292 are a good thing?  If, indeed, Congress established that section of the U.S. Code to deputize the public and send us all on a hunt for falsely-marked goods, which represent an abuse of a Constitutional privilege, then it would seem imperative that we, the public, take the reins and do some policing.  The fact that there are so many cases of false marking being found suggests that we, the People, should have been more active in this regard.

In that vein, who, today, is Johnny Law?  Here are 20 more false marking suits filed in the last 48 hours, bringing the total for this year to 52 cases.  Compare that to the 27 cases filed in the last two years.

  • H. N. Akbar v. Procter & Gamble Co., 10-cv-00105-RC, Feb. 23, 2010, E.D. Tex.
  • Bentley A. Hollander v. Ranbaxy Labs. Inc., 10-cv-00793-MMB, Feb. 23, 2010, E.D. Pa.
  • Public Patent Foundation, Inc. v. Quigley Corp., 10-cv-01552-BSJ, Feb. 24, 2010, S.D.N.Y.
  • Public Patent Foundation, Inc. v. Novartis Consumer Health, Inc., 10-cv-01553-CM, Feb. 24, 2010, S.D.N.Y.
  • Thomas A. Simonian v. Pella Corp., 10-cv-01253, Feb. 24, 2010, N.D. Ill.
  • Thomas A. Simonian v. 3M Co., 10-cv-01255, Feb. 24, 2010, N.D. Ill.
  • Thomas A. Simonian v. BP Lubricants USA, Inc., 10-cv-01258, Feb. 24, 2010, N.D. Ill.
  • Thomas A. Simonian v. Quigley Corp., 10-cv-01259, Feb. 24, 2010, N.D. Ill.
  • Thomas A. Simonian v. Irwin Industrial Tool Co., 10-cv-01260, Feb. 24, 2010, N.D. Ill.
  • Thomas A. Simonian v. Edgecraft, Corp., 10-cv-01263, Feb. 24, 2010, N.D. Ill.
  • Thomas A. Simonian v. Monster Cable Products, Inc., 10-cv-01269, Feb. 24, 2010, N.D. Ill.
  • Thomas A. Simonian v. Novartis Consumer Health, Inc., 10-cv-01268, Feb. 24, 2010, N.D. Ill.
  • Thomas A. Simonian v. Novartis Animal Health US, Inc., 10-cv-01267, Feb. 24, 2010, N.D. Ill.
  • Thomas A. Simonian v. Global Instruments, Ltd. & Global TV Concepts, Ltd., 10-cv-01293, Feb. 25, 2010, N.D. Ill.
  • Thomas A. Simonian v. Tru Fire Corp., 10-cv-01295, Feb. 25, 2010, N.D. Ill.
  • Thomas A. Simonian v. Darex, LLC, 10-cv-01296, Feb. 25, 2010, N.D. Ill.
  • Thomas A. Simonian v. Merck & Co., Inc. & Schering-Plough Healthcare Products, Inc., 10-cv-01297, Feb. 25, 2010, N.D. Ill.
  • Thomas A. Simonian v. Cisco Systems, Inc., 10-cv-01306, Feb. 25, 2010, N.D. Ill.
  • Thomas A. Simonian v. Novartis Pharms. Corp., 10-cv-01308, Feb. 25, 2010, N.D. Ill.
  • Thomas A. Simonian v. Adv. Vision Research, Inc., 10-cv-01310, Feb. 25, 2010, N.D. Ill.

Of note, this batch of cases brings up an issue that I noted in my first post of this series: What will happen when a defendant is sued multiple times for false marking, in different courts, and by different plantiffs?  Here, The Public Patent Foundation and Thomas Simonian both sued Quigley Corporation and Novartis Consumer Health.

Note: Gene Quinn at IPWatchdog hosts a pseudonymous author’s humorous take on this situation.

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Categories: False marking Tags: ,
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  1. March 5, 2010 at 8:35 AM
  2. April 2, 2010 at 8:50 AM

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