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Fraud must be pled with particularity in false marking cases (In Re. BP Lubricants USA Inc.)

  • Barnes & Thornburg LLP
  • -
  • USA
  • -
  • March 22 2011

Thomas A. Simonian, a patent attorney, filed a qui tam complaint on behalf of the United States pursuant to the False Marking Statute, 35 U.S.C. 292, against BP Lubricants USA Inc. (BP), alleging that BP falsely marked its CASTROL motor oil products with a design patent that had expired on Feb. 12, 2005