PATracer

Tracking Patent Appeals

Target Can’t Be Sued Under § 292 For Selling Mis-Marked Product

2010-1130 Inventorprise v. Target SD/NY 09-cv-380 Judge Thomas McAvoy Inventorprise appeals from the order of Judge Thomas McAvoy dismissing for lack of subject matter jurisdiction its complaint against Target for false marking under 35 U.S.C. § 292.  Although it sounds to me more like an issue under 12(b)(6) for failure to state a claim, the [...]

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