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JUNIPER NETWORKS, INC. v. SHIPLEY

No. 2010-1327.

643 F.3d 1346 (2011)

JUNIPER NETWORKS, INC., Plaintiff-Appellant, v. Peter M. SHIPLEY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: April 29, 2011.

Attorney(s) appearing for the Case

Richard L. Rainey , Covington & Burling, LLP, of Washington, DC, argued for plaintiff-appellant. On the brief were Jonathan S. Kagan , Morgan Chu , David C. McPhie , and Rebecca L. Clifford , Irell & Manella LLP, of Los Angeles, CA.

Cole M. Fauver , Robins, Kaplan, Miller & Ciresi L.L.P., of Minneapolis, MN, argued for defendant-appellee. With him on the brief were Martin R. Lueck , and Brenda L. Joly .

Before RADER, Chief Judge, NEWMAN, and LINN, Circuit Judges.

RADER, Chief Judge.

The United States District Court for the Northern District of California granted Peter M. Shipley's ("Shipley's") motion to dismiss Juniper Networks, Inc.'s ("Juniper's") false marking qui tam action for failure to state a claim. Juniper Networks v. Shipley, No. 09-0696, 2010 WL 986809, at *10 (N.D.Cal. Mar. 17, 2010) ("Dismissal Order"). Because Juniper's Amended Complaint does not reasonably allege an "unpatented article" within...

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