Legal Opinion

Promote Innovation LLC v. Roche Diagnostics Corp.

District Court, S.D. Indiana

Decided June 3, 2011No. Case 1:10-cv-964-TWP-TABPublishedCited by 1 opinion

1Opinion of the Court

ENTRY ON MOTION TO DISMISS

TANYA WALTON PRATT, District Judge.

This qui tam action is before the Court on Defendants Roche Diagnostics Corporation and Roche Diagnostic Operations, Inc.’s (collectively, “Roche”) 12(b)(6) Motion to Dismiss. This dispute stems from David O’Neill’s (“O’Neill”) allegations that Roche has violated 35 U.S.C. § 292(a) by falsely marking diabetes monitoring and testing products with patent numbers of expired or unenforceable patents. Plaintiff Promote Innovation LLC (“Promote”) has since been assigned O’Neill’s interest in the present action. For the reasons set forth…

2Cases cited17 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
Hecker v. Deere & Co.Court of Appeals for the Seventh Circuit · 2009
Greg and Mary Henson v. Csc Credit Services, Trans Union Corporation, and Cosco Federal Credit UnionCourt 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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3Cited by1 opinion

McWilliams v. Department of Cook County JailDistrict Court, N.D. Illinois · 2018