Felt ex rel. United States v. Ronson Art Metal Works, Inc.

JOYCE, District Judge.

Defendants, Ronson Art Metal Works (hereinafter referred to as RAMW) and Ronson Service of Minnesota (hereinafter referred to as RSM), move this court under Rule 12 of the Federal Rules of Civil Procedure, 28 U.S.C.A., for an order dismissing the above action on a number of grounds. Plaintiff brings this qui tarn action to recover a minimum penalty of $100 under the provisions of Section 4901 Revised Statutes, the pertinent portion of which provides that any person:

“ * * * Who, in any manner, marks upon or affixes to any unpatented ar- ■ tide the word 'patent/ or any…