Claims a cough syrup company defrauded the government failed because the allegedly infringed rival failed to sufficiently plead that the defendant knew its false claims were false, a California federal judge said.

Genomma Lab Internacional SAB de CV did enough to allege that Mprezas Inc. made materially false statements while registering a TWKOF mark that on labeling looked similar to Genomma’s TUKOL mark, the opinion in the US District Court for the Northern District of California said. But it needed to allege more “factual context” to claim Mprezas knew it was misrepresenting its mark and that it believed there were ...

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