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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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