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.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]