Saturday, July 02, 2011

IPO to file amicus brief in Unique Product v. Hy-Grade Valve

The Northern District of Ohio had held that the qui tam provision of 35 U.S.C. § 292(b) violated the Take Care Clause of the Constitution because it does not provide the Department of Justice with the adequate statutory controls under the “sufficient control” analysis of Morrison v. Olson, 487 U.S. 654 (1988). There has been an appeal to the CAFC.

IPO will be filing an amicus brief. Note that if both parties consent to the filing of an amicus brief, a motion to the court is not needed.

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