Indianapolis, Indiana – In a case which was originally brought in federal court in Chicago, patent lawyers for David O’Neill of Clarendon Hills, IL, have filed a lawsuit alleging that Roche Diagnostics Corporation of Indianapolis has been falsely, and intentionally, marking certain of its ACCU-CHEK(R) blood glucose monitoring products as protected by the following expired patents, all of which were issued by the U.S. Patent Office: Patent No. 4,891,319, titled PROTECTION OF PROTEINS AND THE LIKE; Patent No. 4,924,879, titled BLOOD LANCET DEVICE; and Patent No. 4,999,582, titled BIOSENSOR ELECTRODE EXCITATION CIRCUIT.
This type of case, in which an individual acts as a “private attorney general” and brings a lawsuit in the name of the government, is formally called a qui tam action. In his complaint, the plaintiff here makes the customary request that monetary damages be awarded in an amount up to $500 for each offense, with one-half going to the United States government and the other going to him as the party bringing this action.
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