On March 15, 2011, the United States Court of Appeals for the Federal
Circuit, on petition for writ of mandamus, issued its decision in In re BP Lubricants USA Inc. ,
No. M960 (Fed. Cir. Mar. 15, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE...
By Sheila Kadura and
Mark Thomas Garrett
The false marking statute, 35 U.S.C. § 292 , prohibits
falsely marking an "unpatented" article as patented, falsely marking an
article as covered by a pending patent when no application has been
filed, or using such false markings...
By Karen J. Axt Ph.D.
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"...