Simonian v. Maybelline LLC

Filing 41

NOTICE by Thomas A. Simonian of Supplemental Authority (Attachments: # 1 Exhibit A)(Goering, Martin) [Transferred from Illinois Northern on 3/21/2011.]

Simonian v. Maybelline LLC

Doc. 41

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION THOMAS A. SIMONIAN, Civil Action No. 1:10-cv-01615 Relator, v. MAYBELLINE LLC, Defendant. Honorable Virginia M. Kendall

RELATOR'S NOTICE OF SUPPLEMENTAL AUTHORITY Thomas A. Simonian, as qui tam relator ("Relator"), respectfully submits the attached supplemental authority in support of his Response to the Motions to Dismiss and Stay filed by Defendant Maybelline LLC ("Maybelline") (Dkt. Nos. 30 and 32). With regard to the issues of whether the Relator has standing to bring this qui tam action and whether the Relator has sufficiently pled a false marking claim, the Relator refers the Court to Judge Bucklo's Order of August 13, 2010 in Simonian v. Advanced Vision Research, attached as Exhibit A. The Court denied Advanced Vision's Rule 12(b)(1) Motion, following Judge Shadur's opinion in Zojo Solutions. The Court also denied Advanced Vision's 12(b)(6) Motion, stating as follows: "[The Relator] alleges that defendant is a sophisticated company and that it (or its lawyers) know how long a patent lasts, and therefore knew these patents had expired. No more is necessary at this stage."

Dated: August 13, 2010

Respectfully submitted, THOMAS A. SIMONIAN, as Relator By: s/ Martin Goering One of his attorneys 1

Dockets.Justia.com

Attorneys for Relator Joseph M. Vanek John Paul Bjork VANEK, VICKERS & MASINI, P.C. 111 S. Wacker Drive, Suite 4050 Chicago, Illinois 60606 Bruce S. Sperling Robert D. Cheifetz SPERLING & SLATER, P.C. 55 West Monroe Street, Suite 3200 Chicago, Illinois 60603 Martin Goering Jessica E. Rissman EUGENE M. CUMMINGS, P.C. One North Wacker Drive, Suite 4130 Chicago, Illinois 60606

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CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that on August 13, 2010, a true and correct copy of RELATOR'S NOTICE OF SUPPLEMENTAL AUTHORITY was filed electronically with the Clerk of the Court and was served via the Court's CM/ECF System which will automatically provide electronic notice upon all counsel of record.

s/ Martin Goering Martin Goering Attorney for Relator

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