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 court [...]


