United States Federal Circuit

Dismissal of a qui tam action in which plaintiff alleged that defendant violated the then current version of the false-marking statute by marking its bow ties with expired patent numbers is affirmed, where: 1) the America Invents Act (AIA) amendment to the false-marking statute that eliminated liability for expired patents does not constitute an impermissible pardon; 2) the common-law principle on which plaintiff relies does not apply here and does not save his suit from dismissal; 3) plaintiff waived his additional arguments; and 4) the district court did not err in concluding that plaintiff lacked standing due to the AIA's elimination of the false-marking statute’s qui tam provision.

Appellate Information

• Decided 07/10/2014
• Published 07/10/2014

Judges

• SCHALL

Court

• United States Federal Circuit

Counsel