Porritt v. MacLean Power Sys., LP, No. 10 C 6128 Slip. Op. (N.D. Ill. Sep. 6, 2011) (Lefkow, J.).
Judge Lefkow granted defendants’ (collectively “MacLean”) Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff’s false patent marking case involving allegedly expired patents marked upon MacLean’s Square Shank Barbed Staples. Plaintiff’s intent allegations were “nearly identical” to those held inadequate in BP Lubricants. The Court, therefore, dismissed plaintiff’s claim.
The decision was issued about one week before the America Inventory Act was signed into law. But, McLean could not have challenged plaintiff’s claim because they were based upon expired patents. The Court refused to consider MacLean’s constitutional challenge to the False Marking Act.