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False marking ban challenged

Eileen McDermott, New York

The Public Patent Foundation is fighting the retroactive effect of the America Invents Act provision banning third parties with no competitive interest from bringing false patent marking suits

In 2009, PubPat filed one of thousands of suits brought in the last few years against companies charged with marking their products with expired or incorrect patent numbers.

In this case, the complaint charged McNeil-PPC, the company that manufactures Tylenol,...

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