Legal Opinion

Brooks v. Dunlop Manufacturing Inc.

Court of Appeals for the Federal Circuit

Decided December 13, 2012No. 2012-1164PublishedCited by 13 opinions

1Opinion of the Court

PROST, Circuit Judge.

Kenneth Brooks appeals from the decision of the United States District Court for the Northern District of California dismissing his false marking claim and rejecting his argument that the application of amendments to 35 U.S.C. § 292 effectual- ed by the Leahy-Smith America Invents Act, Pub.L. No. 112-29, 125 Stat. 284 (2011) (“AIA”) to pending actions is unconstitutional. Because we conclude that Congress’s retroactive elimination of the qui tam provision from § 292 does not violate the Due Process Clause or the Intellectual Property Clause of the Constitution, we affirm.

I…

2Cases cited27 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  3. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  4. Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000
  5. United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943

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3Cited by13 opinions

  1. Moda Health Plan, Inc. v. United StatesUnited States Court of Federal Claims · 2017
  2. Xp Vehicles, Inc. v. United StatesUnited States Court of Federal Claims · 2015
  3. Stauffer v. Brooks Brothers Group, Inc.Court of Appeals for the Federal Circuit · 2014
  4. Pat Huval Restaurant & Oyster Bar, Inc. v. International Trade CommissionCourt of Appeals for the Federal Circuit · 2015
  5. MadStad Engineering, Inc. v. United States Patent & Trademark OfficeCourt of Appeals for the Federal Circuit · 2014

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