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In Brief: Acutek v. CNS

This article was originally published in The Tan Sheet

Executive Summary

Acutek v. CNS: Acutek denies allegations that its Clear Passage reissue patent is invalid in its reply to CNS' counterclaim, filed Feb. 28 in the U.S. District Court Central District of California. CNS, which markets Breathe Right nasal strips, also had claimed that Acutek had made "false, misleading and deceptive" statements "likely to cause damage...to CNS" in press releases about the case and asked for damages ("The Tan Sheet" Feb. 24, p. 25). Acutek responds that the releases constitute commercial speech with First Amendment protection. Acutek filed the patent infringement suit on Jan. 6 ("The Tan Sheet" Jan. 31, p. 5)...

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