The Qui Tam Beat Goes On
Since we last updated this list, the filing of qui tam suits for false marking of patent information has continued unabated. At some point, we will have to reconsider whether to keep filing posts like this one, or dedicate a single page to false marking suits, or let the astute reader find such suits on his or her own initiative. It’s becoming rather difficult to keep up with all the new cases. In that vein, please do not consider this list comprehensive, or authoritative, though we have done our best to make it as complete as possible.
Though the filing of such suits has not slowed down, whether they will continue to be brought profitably by individuals or small entities remains to be seen. A Manager’s Amendment to S.515 (the currently-pending patent reform act) would likely do away with most, if not all, of these cases (more info in a later post).
Here is a listing of cases filed since our last post on February 25, 2010 (please note that this list does not include all defendant companies, since only the first-named defendant is included in each entry):
- Calton v. Procter & Gamble, 10-cv-00406, 2/25/2010, N.D. Ala.
- Simonian v. L’Oreal USA Creative, Inc., 10-cv-01345, 2/26/2010, N.D. Ill.
- Roscoe’s Tech. & Nanotech. v. Lyman Prod., 10-cv-00083, 2/28/2010, E.D. Tex.
- Hollander v. Ortho-McNeil-Janssen Pharm., Inc., 10-cv-00836, 3/1/2010, E.D. Pa.
- Hollander v. B. Braun Medical, Inc., 10-cv-00835, 3/1/2010, E.D. Pa.
- Patent Compliance Group Inc v. Avid Identification Sys., Inc., 10-cv-00407, 3/1/2010, N.D. Tex.
- Patent Compliance Group, Inc. v. Int’l E-Z Up, Inc., 10-cv-00406, 3/1/2010, N.D. Tex.
- Patent Compliance Group Inc v. InterDesign Inc., 10-cv-00404, 3/1/2010, N.D. Tex.
- Patent Compliance Group v. North States Indus., 10-cv-00405, 3/1/2010, N.D. Tex.
- Patent Compliance Group v. Dyson Inc., 10-cv-00419, 3/2/2010, N.D. Tex.
- FLFMC, LLC v. Wham-O, Inc., 10-cv-00287, 3/2/2010, W.D. Pa.
- Englehardt v. Costco Wholesale Corp., 10-cv-01424, 3/3/2010, N.D. Ill.
- Heathcote Holdings Corp., Inc. v. Procter & Gamble Co., 10-cv-01441, 3/3/2010, N.D. Ill.
- Perfection Prod. Mgmt, LLC v. Allway Tools, Inc., 10-cv-00459, 3/3/2010, N.D. Ohio
- Perfection Prod. Mgmt, LLC v. Stanley Works, 10-cv-00452, 3/3/2010, N.D. Ohio
- Brinkmeier v. Exergen Corp., 10-cv-00176, 3/3/2010, D. Del.
- Lightspeed Aviation, Inc. v. Bose Corp., 10-cv-00239, 3/3/2010, D. Or.
- Zojo Solutions, Inc. v. Zircon Corp., 10-cv-01431, 3/3/2010, N.D. Ill.
- Perfection Prod. Mgmt, LLC v. Homer TLC, Inc., 10-cv-00465, 3/4/2010, N.D. Ohio
- Perfection Prod. Mgmt, LLC v. Am. Safety Razor Co., LLC, 10-cv-00463, 3/4/2010, N.D. Ohio
- Simonian v. Playtex Prod., Inc., 10-cv-01455, 3/4/2010, N.D. Ill.
- Heathcote Holdings Corp., Inc. v. Leapfrog Enter., Inc., 10-cv-01471, 3/5/2010, N.D. Ill.
- Heathcote Holdings Corp., Inc. v. Phillips Screw Co., 10-cv-01468, 3/5/2010, N.D. Ill.
Kudos to Lightspeed Aviation for bringing the issue home to the District of Oregon.
[Updated at 11:15am with new Heathcote Holdings cases]