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Rogers v. Tristar Products, Inc.
United States Court of Appeals for the Federal Circuit
559 F. App’x 1042, 102 U.S.P.Q.2d 1722 (2012)
Paul Rogers (plaintiff) brought a complaint against Tristar Products, Inc. (Tristar) (defendant) on behalf of the United States government, alleging that Tristar had falsely marked a product as being patented. Rogers himself had suffered no injury from the alleged false marking—a ground on which Tristar moved for dismissal of the suit. The federal district court granted the motion. Rogers appealed to the United States Court of Appeals for the Federal Circuit. After the appeal was initiated, the Leahy-Smith America Invents Act (AIA) was signed into law. The AIA made injury a requirement for standing in a false-marking case. This provision was intended to curb a proliferation of false-marking litigation. The provision was retroactively applied, without exception, to pending cases commenced before the AIA’s enactment. Rogers’s appeal was dismissed. Rogers then moved for reconsideration, alleging that the dismissal of his action constituted a violation of the takings and due-process clauses of the Fifth Amendment to the United States Constitution.
Rule of Law
Holding and Reasoning (Per curiam)
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