Zojo Solutions, Inc. v. The Stanley Works,No. 10 C 1175, Slip Op. (N.D. Ill. May 12, 2010) (Shadur, Sen. J.).

Judge Shadur denied defendants’ motion to dismiss this false patent marking case before plaintiff responded. First, the Court held that marking with expired patents was actionable pursuant to 35 U.S.C. § 292(a), citing Forest Group, Inc. v. Bon Tool Corp., 590 3d 1295 (Fed. Cir. 2009). Also citing Forest Group, the Court held that private citizens had standing. The Court reasoned that if there was not standing, the Federal Circuit would have been obligated to address it before deciding the substantive issues. Finally, the Court characterized false patent marking cases as an "infestation of dandelions" which "dot the greensward of patent litigation."