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McAndrews, Held & Malloy Secures Victory for Global Instruments, Inc. and Global Concepts Limited, Inc. in False Marking Case

Date: August 31, 2010 || Client Successes

McAndrews, Held & Malloy announced today that it has secured a victory in a false marking case for its clients Global Instruments, Inc. (“GI”) and Global Concepts Limited, Inc., doing business as Global TV Concepts, Ltd. (“GTVC”).  The U.S. District Court for the Northern District of Illinois granted GI and GTVC’s motion to dismiss the complaint brought by Thomas A. Simonian.

Simonian had accused GI and GTVC of falsely marking certain Riddex®-branded electronic pest control products with the number of an expired patent, U.S. Patent No. 4,802,057.  GI and GTVC moved to dismiss due to Simonian’s failure to sufficiently plead that the defendants intended to deceive the public.  In granting the motion to dismiss, Judge Elaine E. Bucklo found that Simonian’s complaint “does not sufficiently state facts from which I can infer intent.”

The case was one of a rash of false marking cases filed in early 2010 in the wake of the Federal Circuit’s decision in Forest v. Bon Tool.  That decision said that a plaintiff may collect up to $500 for each falsely marked product distributed.  Prior to Forest, cases limited the damage award by holding that the sale of multiple falsely marked items constituted a single offense under the statue.

“Our clients are obviously extremely pleased with the outcome of this case,” said Peter J. McAndrews, a shareholder at McAndrews and lead counsel on the case.  “The ruling confirms that the allegations against our clients were baseless.”

McAndrews attorneys Peter J. McAndrews and Gerald C. Willis represented GI and GTVC.