Justin Gray, Gray on Claims:

If the comprehensive patent reform amendment announced today is passed, qui tam plaintiffs who have been hunting for expired patent numbers to bring false marking suits will be out of luck. Only “competitive[ly] injure[d]” parties will be able to sue for false marking. The Senate bill, if enacted, would have sweeping retroactive effect even for still-pending but earlier-filed actions.

Earlier on false marking suits here, here, etc.

Filed under: patent marking