Alchemy Asset Services, Inc., a Pennsylvania corporation, filed a false patent marking suit against Procter & Gamble in the Western District of Pennsylvania on May 12, 2010. The complaint alleges that Procter & Gamble marked, advertised, and marketed various products with expired patent numbers and/or marked, advertised, and marketed such products as patent-protected in violation of 35 U.S.C. § 292 with intent to deceive the public.
Alchemy Asset Services requests damages against Procter & Gamble equal to a fine in the amount of $500 for each instance of false marking. One-half of the damage award would be paid to the United States and the other half would be paid to plaintiff. The specific products named in the complaint include:
1. “Ultra Downy” fabric softener;
3. “Always Maxi”; and
4. “Puffs” facial tissues.
An answer has not yet been filed.