qui tam actions : CAFC Alert

Elimination of false marking actions does not violate the Due Process Clause of the U.S. Constitution

Scott Daniels | January 3, 2013

Brooks v. Dunlop Manufacturing

December 3, 2012

Panel:  Newman, Prost, Moore.  Opinion by Prost.

Procedural Summary

Lawyer Brooks sued Dunlop under 35 U.S.C. § 292 for falsely marking a guitar string winder with the number of a patent that had both expired and been found invalid.  During the pendency of the law suit, Congress passed the America Invents Act (AIA) that, inter alia, eliminated false marking actions, except under very limited circumstances.

The trial judge therefore dismissed Brooks’ case, despite Brooks’ argument that the AIA’s elimination of false marking cases violated the Due Process Clause of the U.S. Constitution.  On appeal, the CAFC agreed with the trial judge and therefore affirmed his dismissal of the case.


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