Pepper partner Joshua R. Slavitt was quoted in a May 4 article in The National Law Journal titled "The Final Chapter for False-Marking Whistleblower Suits?" The article notes that a recent Federal Circuit ruling held that the restrictions on false-marking claims in the America Invents Act apply to cases that pre-date the law's enactment.
Mr. Slavitt said the ruling was "an interesting final chapter" in false-marking litigation.
"Fundamentally, what they said is even though filing a qui tam lawsuit affects a partial assignment of the government's claim, until that action results in a final judgment there's nothing the qui tam plaintiff has that involves vested rights. It's not a vested right that entitled it to compensation," Mr. Slavitt said.