A San Jose federal judge’s recent rulings add a new wrinkle to the growing body of case law about whistle-blower lawsuits accusing companies of falsely labeling their products as covered by patents.
U.S. District Judge Jeremy Fogel’s July 22 judgment in San Francisco Technology Inc. v. The Glad Products Co. dismissed the “false marking” case against Exergen Corp. The judgment built on Fogel’s July 19 order, which determined that San Francisco Technology lacked standing to sue Exergen because a different whistle-blower filed an earlier false marking case against Exergen in Delaware federal court.
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