Legal Opinion
Simonian v. Weber-Stephen Products Co.
District Court, N.D. Illinois
Decided February 15, 2011No. 10 C 1220Published
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JAMES B. ZAGEL, District Judge.
Plaintiff, Thomas Simonian (“Simonian”) filed a seven-count qui tam action on behalf of the public for false marking pursuant to 35 U.S.C. § 292. Defendant, Weber-Stephen Products Co. ("Weber”) now moves to dismiss Plaintiffs complaint because the complaint fails to comply with both the pleading requirements of Rule 8(a) and the heightened pleading requirements of Rule 9(b). For the following reasons, Defendant’s motion to dismiss is denied.
*220I. STATEMENT OF FACTS
Plaintiff alleges that Defendant marked certain products, such as the…
2Cases cited11 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Fed. Sec. L. Rep. P 95,228 Rocco Dileo and Louise Dileo v. Ernst & YoungCourt of Appeals for the Seventh Circuit · 1990
- Vicom, Inc. v. Harbridge Merchant Services, Inc., as Successor in Interest to Peach Tree Bancard Corporation, Judy Elliot, James ElliotCourt of Appeals for the Seventh Circuit · 1994
- Exergen Corp. v. Wal-Mart Stores, Inc.Court of Appeals for the Federal Circuit · 2009
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