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  5. 779 F.Supp.2d 735 (2011)
 

U.S. EX REL. HEATHCOTE HOLDINGS CORP. v. WILLIAM K. WALTHERS

No. 09 C 6722.

779 F.Supp.2d 735 (2011)

UNITED STATES ex rel. HEATHCOTE HOLDINGS CORP., INC., An Illinois Corporation, Relator, Plaintiff v. WILLIAM K. WALTHERS, Inc., a Wisconsin Corporation d/b/a Darda Toys, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

March 11, 2011.

Attorney(s) appearing for the Case

Allen Anthony Buchta , Michael Thomas Layden , Richard J. Prendergast , John C. Ellis , Richard J. Prendergast, Ltd., Matthew S. Miller , Law Offices of Matthew S. Miller, Chicago, IL, for Plaintiffs.

David G. Hanson , Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C., Milwaukee, WI, for Defendants.

MEMORANDUM OPINION AND ORDER

ELAINE E. BUCKLO, District Judge.

In this qui tam action, plaintiff Heathcote Holdings alleges that defendant Walthers violated 35 U.S.C. § 292 by falsely marking certain of its products with expired and inapplicable United States Patent numbers. Both parties have moved for summary judgment. For the following reasons, I grant defendant's motion and deny plaintiff's.

All agree that this case rises and...

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