· 12/28/2009
Forest Group, Inc. v. Bon Tool Co.
Citations
- 590 F.3d 1295
- 93 U.S.P.Q. 2d (BNA) 1097
- 2009 U.S. App. LEXIS 28380
- 2009 WL 5064353
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that false marking deters innovation and stifles competition in the marketplace
- discussing the determination of whether the case is exceptional as “a question of fact”
- discussing how the false marking statute permits “ ‘a new cottage industry’ of false marking litigation” and that with respect to “ ‘marking trolls,’ ” the false marking statute “explicitly permits qui tam actions.”
- “In the case of qui tam statutes, an injury to the United States is sufficient to confer standing upon a relator.”
- “The hypothetical negotiation also assumes that the asserted patent claims are valid and infringed.”
- using preponderance of the evidence burden in false marking case
Source: CourtListener parenthetical corpus (CC0).
Judges: Rader, Plager, Moore
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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