A whistleblower claim against Frisbee manufacturer Wham-O Inc. just won’t fly, a federal judge in Pittsburgh has ruled, because the plaintiff’s claim that some of the flying discs were marketed with long-expired patents is not enough to show a “concrete” injury.

U.S. District Judge Arthur J. Schwab ruled that since such cases are filed under the federal qui tam statute, the plaintiff must show that the alleged false marketing has or would cause “actual or imminent” injury either to the government or to the public.

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