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PUBLIC PATENT FOUNDATION v. GLAXOSMITHKLINE

No. 09 Civ. 5881(RMB).

801 F.Supp.2d 249 (2011)

PUBLIC PATENT FOUNDATION, INC., Plaintiff, v. GLAXOSMITHKLINE CONSUMER HEALTHCARE, L.P., Defendant.

United States District Court, S.D. New York.

August 10, 2011.

Attorney(s) appearing for the Case

Daniel Ben Ravicher , Benjamin N. Cardozo School of Law, David Garrod , Patterson, Belknap, Webb & Tyler LLP, New York, NY, for Plaintiff.

Charles Deforest Manice , Theresa M. Gillis , Howrey LLP, New York, NY, Jason C. White , Howrey, LLP, Chicago, IL, for Defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

RICHARD M. BERMAN, District Judge.

I. Background

On June 26, 2009, Public Patent Foundation, Inc., a not-for-profit corporation affiliated with Benjamin N. Cardozo School of Law ("Plaintiff"), filed a qui tam complaint against GlaxoSmithKline Consumer Healthcare, L.P. ("Defendant" or "GSK"), alleging that Defendant had violated the False Marking Statute, 35 U.S.C. § 292, since January 2005...

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