Court Rules False Marking Statute Constitutional May 22, 2009 CHARLOTTE—U.S. District Judge Frank Whitney today turned back a Constitutional challenge to the patent false marking statute, 35 U.S.C. ' 292, ruling that James Harrington's qui tam suit against CIBA Vision Corporation can proceed. In 2008, Harrington sued CIBA Vision on behalf of the United States, citing CIBA's marking of four U.S. patent numbers on a bottle of unpatented contact lens solution in violation of the statute. The false marking law provides for a penalty of up to $500 for each violation. CIBA has sold an unknown number of the falsely marked products. CIBA had asked Whitney to dismiss the suit, arguing that Harrington lacked standing and authority to bring suit on behalf of the government, and that the statute was therefore unconstitutional because it allowed Harrington to interfere with governmental functions reserved to the Executive Branch. In fall 2008, the Justice Department intervened on Harrington's behalf to defend the statute, arguing that Harrington's suit should be allowed to proceed and that, rather than interfering with governmental functions, Harrington's suit, if successful, would represent a boon to the Treasury. Whitney is the second judge to uphold the statute in recent weeks. In March, U.S. District Judge Leonie Brinkema upheld the statute against a similar challenge brought by the defendant in Pequignot v. Solo Cup Company. At least a half-dozen similar suits are pending around the country. HARRINGTON PRACTICE's Glen A. Cipriani successfully argued the cause on Harrington's behalf. HARRINGTON PRACTICE Files Suit Against Indian Media Outlets November 13, 2008 HARRINGTON PRACTICE attorneys today filed suit in Mecklenburg County Superior Court on behalf of their clients Christy Danius and Leema Pillai, two Indian nationals, brother and sister, who currently reside in Charlotte. Danius and Pillai have been the subject of sensational and defamatory reports in India-focused media arising from a 2007 automobile accident in which they, Danius's wife, and their parents were injured. The family has been falsely accused in these media reports of causing the accident by attempting to push Danius's wife from the vehicle at highway speed. The lawsuit seeks unspecified damages against three Indian media outlets that publish stories in the United States, and may be heard in North Carolina's special court for complex business cases because of certain internet-related aspects of the defamation. U.S. Government Intervenes in False Marking Cases November 7, 2008 The U.S. Government has intervened in two HARRINGTON PRACTICE cases to defend the constitutionality of the patent false marking statute, 35 U.S.C. ' 292. In Harrington v. CIBA Vision Corp. and North Carolina Farmers' Assistance Fund v. Monsanto Co., the defendants have contended that the false marking statute, which sets up an "informer" action in which any person may sue to recover the penalty for false marking, violates certain aspects of the federal Constitution. The Department of Justice disagrees, however, and has elected to become a party in these cases to defend the statute—on HARRINGTON PRACTICE's side—against the defendants' attack. The parties will now undergo briefing on the issue. A decision is not expected until February 2009 at the earliest. Niemyer Joins HARRINGTON PRACTICE as Associate September 25, 2008 Russell B. (Russ) Niemyer has joined HARRINGTON PRACTICE as an associate today, following his admission to the North Carolina State Bar in a swearing-in ceremony hosted by the Mecklenburg County Bar in uptown Charlotte. Niemyer is a 2008 graduate of the William H. Bowen School of Law at the University of Arkansas at Little Rock. His practice will be focused on litigation. Niemyer is also a member of the North Carolina National Guard, where he holds the rank of Sergeant and is a percussionist in a band unit. In 2009, Niemyer plans to join the NCNG's Judge Advocate General Unit. He and his wife Staci live in the Charlotte area. HARRINGTON PRACTICE Provides Private Equity Group Legal Support July 1, 2008 In addition to the firm's litigation-based practice, HARRINGTON PRACTICE is busy providing legal support to AVS Equity Group, LLC, a private equity group based in Charlotte. AVS Equity's business centers upon arranging financing for medium-to-large-scale commercial and industrial projects, including financing for commercial real estate developments and industrial facilities. HARRINGTON PRACTICE provides legal support for the group, including contract review and negotiation services, litigation avoidance measures, and contract underwriting and due diligence services. In return, AVS Equity serves as a resource for HARRINGTON PRACTICE clients who are looking for commercial financing for their projects or who need assistance in business plan development. Cipriani Joins HARRINGTON PRACTICE as Associate February 1, 2008 Glen A. (Andy) Cipriani has joined HARRINGTON PRACTICE as an associate, effective today. Cipriani was formerly an associate at the Moore & Van Allen law firm in Charlotte, where he was a member of that firm's intellectual property practice group. Cipriani is a 2007 graduate of the University of Akron School of Law. His practice is focused on litigation. Cipriani brings a wealth of prior experience to HARRINGTON PRACTICE's clients. An electrical engineer by training, he worked in the energy industry and in venture capital before attending law school. While in law school, he practiced on a limited basis as a public defender in Ohio. He is registered to practice before the United States Patent and Trademark Office in patent cases.