Legal Opinion
In Re BP Lubricants USA Inc.
Court of Appeals for the Federal Circuit
Decided March 15, 2011No. 2010-M960PublishedCited by 54 opinions
1Opinion of the Court
ON PETITION
LINN, Circuit Judge.
ORDER
This is a petition for a writ of mandamus directing the United States District Court for the Northern District of Illinois to grant a motion to dismiss a complaint pursuant to the False Marking Statute, 35 U.S.C. § 292. Specifically, the defendant BP Lubricants USA Inc. argues that the complaint failed to plead with particularity the circumstances of the defendant’s alleged intent to deceive the public in falsely marking unpatented articles with an expired patent. The defendant’s motion, based on this court’s Fed.R.Civ.P. 9(b) standard in Exergen Corp. v.…
2Cases cited20 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
- Braden v. Wal-Mart Stores, Inc.Court of Appeals for the Eighth Circuit · 2009
- Schlagenhauf v. HolderSupreme Court of the United States · 1965
- Edwin P. Harrison, and United States of America, Party in Interest v. Westinghouse Savannah River CompanyCourt of Appeals for the Fourth Circuit · 1999
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3Cited by54 opinions
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- In Re: Micron Technology, Inc.Court of Appeals for the Federal Circuit · 2017
- In re HTC Corp.Court of Appeals for the Federal Circuit · 2018
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