No Preemption of False Marking Claims

By Deborah Elkins
Published: January 10, 2012

Tags: Intellectual Property, Judge James C. Turk, U.S. District Court - Western District

In this suit alleging false marking under Section 292 of federal patent law, a Roanoke U.S. District Court rejects defendant’s multi-pronged claim that plaintiff’s claims under California and Washington state law are preempted by the America Invents Act, and defendant’s partial motion to dismiss is denied. Nautilus wisely concedes there is no express preemption in the ...

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