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BROOKS v. DUNLOP MFG. INC.

No. 2012-1164.

702 F.3d 624 (2012)

Kenneth C. BROOKS, Plaintiff-Appellant, v. DUNLOP MANUFACTURING INC., Defendant-Appellee, and United States, Intervenor.

United States Court of Appeals, Federal Circuit.

December 13, 2012.

Attorney(s) appearing for the Case

Kenneth C. Brooks , Law Office of Kenneth C. Brooks, of Campbell, CA, argued for plaintiff-appellant.

Gina A. Bibby , Foley & Lardner, LLP, of Palo Alto, CA, argued for defendant-appellee. With her on the brief was William J. Robinson , of Los Angeles, CA.

Adam C. Jed , Attorney, Civil Division, United States Department of Justice, of Washington, DC, argued for intervenor. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Melinda Haag , Scott R. McIntosh and Douglas N. Letter , Attorneys.

Before NEWMAN, PROST, and MOORE, Circuit Judges.

PROST, Circuit Judge.

Kenneth Brooks appeals from the decision of the United States District Court for the Northern District of California dismissing his false marking claim and rejecting his argument that the application of amendments to 35 U.S.C. § 292 effectuated by the Leahy-Smith America Invents Act, Pub.L. No. 112-29, 125 Stat. 284 (2011) ("AIA") to pending actions is unconstitutional. Because we conclude that...

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