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Wiley Rein's Brian Pandya Writes Important Article on Patent False Marking Cases

Washington Legal Foundation's The Legal Pulse
December 6, 2011

Brian Pandya, a lawyer in Wiley Rein's Intellectual Property Practice, has written an article in Washington Legal Foundation's The Legal Pulse on the Public Patent Foundation (PubPat) challenging the constitutionality of the false patent marking provisions of America Invents Act.

In September, President Obama signed into law the America Invents Act which would, among its many provisions, effectively extinguish most pending false marking cases. But, at least one plaintiff is not going down without a fight. Earlier this month the Public Patent Foundation responded to a motion to dismiss a false marking case by arguing that the amendments to Section 292 were unconstitutional because the amendments violated the due process rights of qui tam plaintiffs such as itself.

Mr. Pandya writes that "In essence, PubPat's argument amounts to arguing that the windfall qui tam plaintiffs received after the Forest Group decision should be allowed to continue. This is not a due process violation or a basis to hold a statute unconstitutional."

To read the entire article, click here.