Federal Circuit Holds that Websites Can Qualify as "Unpatented Articles" within False Patent Marking Statue’s Scope

For purposes of the false marking statue, 35 USCS § 292 , websites can qualify as "unpatented articles," according to a recent Federal Circuit opinion. Peter M. Shipley developed software known as "Dynamic Firewall," which was destroyed in 1999. Despite the software's...

Cadwalader, Wickersham & Taft LLP: Rule 9(b) Applies To The False Marking Statute

By Karen J. Axt Ph.D. Resolving an issue that has become increasingly important since the Federal Circuit set-off an avalanche of suits under 35 U.S.C. § 292 for false patent marking by ruling in December 2009 that the statutory penalty of up to "$500 for every such offense"...