U.S. EX REL. FLFMC, LLC v. TFH PUBLICATIONS, INC.

No. 10-CV-5477.

855 F.Supp.2d 300 (2012)

UNITED STATES of America, ex rel., and FLFMC, LLC, Plaintiff, v. TFH PUBLICATIONS, INC., Defendants.

United States District Court, D. New Jersey.

April 18, 2012.


Attorney(s) appearing for the Case

Eugene Killian, Jr. , The Killian Firm, P.C., Iselin, NJ, for Plaintiff.

Russell Scott Burnside , Greenberg, Dauber, Epstein & Tucker, PC, Newark, NJ, for Defendants.


OPINION

WOLFSON, District Judge:

Presently before the Court is a Motion to Dismiss for failure to state a claim or, in the alternative, for lack of subject matter jurisdiction filed by Defendants TFH Publications, Inc. ("Defendant" or "TFH"). Defendant seeks to dismiss Plaintiff FLFMC, LLC's ("Plaintiff's" or "FLFMC's") qui tam complaint alleging two violations of the False Marking Statute, 35 U.S.C. § 292. Also pending is a motion to enforce...

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