Monday, March 7, 2011, 9:11 AM

U.S. Chamber of Commerce Joins in Asking Federal Circuit to Declare False Marking Statute Unconstitutional Under the Take Care Clause

By: Jim Lennon

On Tuesday, March 1, 2011, the United States Chamber of Commerce filed a brief as amicus curiea in FLFMC. LLC v. Wham-O, Inc. (Appeal No. 2011-1067) asking the Federal Circuit to declare the False Marking Statute (35 U.S.C. § 292) unconstitutional under the Take Care Clause. The Chamber brief is similar to the amicus brief of the Cato Institute filed in the Wham-O appeal the previous week . A copy of the Chamber's brief is available here: BRIEF OF AMICUS CURIAE CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA IN SUPPORT OF DEFENDANT-APPELLEE AND AFFIRMANCE.

A copy of Wham-O's brief is available here: BRIEF OF DEFENDANT-APPELLEE WHAM-O, INC.


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