District Court in 9th Circuit Finds That Heightened Pleading Standard Applies to All Prongs of False Patent Marking Claim
October 11, 2024Federal Circuit, Patent Litigation
The Central District of California ruled that the heightened pleading standard of Federal Rule of Civil Procedure 9(b) applies to all three prongs of a false patent marking claim, including the third prong, competitive injury. In doing so, took a clear stand on an issue with a nationwide split among district courts.
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