LEGAL ALERT June 17, 2010
Last December, we reported the decision by
the United States Court of Appeals for the Federal Circuit in The
Forest Group, Inc. v. Bon Tool Co. , 590 F.3d
1295, (Fed. Cir. Dec. 28, 2009) , which interpreted
the false patent marking statute, 35
U.S.C. § 292 , to...
Circuit now holds that marking a patent number on a product, while knowing the
patent does not cover the product, is a violation of the false marking statute,
unless the accused party can prove that it had a good faith belief that its
action was appropriate. This fact-specific defense...
the U.S. Court of Appeals for the Federal Circuit heard oral arguments in the
case of Stauffer v. Brooks
Brothers, Inc. , Nos. 09-1428 et
al. The court must decide whether appellant Stauffer has standing to sue
the apparel company for labeling adjustable bowties with expired design
Stauffer v. Brooks
Bros., No. 2009-1428 (Fed. Cir. Aug. 31, 2010) [ enhanced
version available to lexis.com subscribers / unenhanced
version available from lexisONE Free Case Law ]
28 days after oral argument, the Federal Circuit issued a concise opinion
holding that the district court erred...
U. Griffin III , William F. Long , Joshua D. Curry , and Rhett S. White
The false patent marking
statute, 35 U.S.C. § 292 , permits any person to bring a qui tam suit on
behalf of the United States against a patent holder and to share in the
recovery of any penalties assessed...
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...
of the false marking statue, 35
USCS § 292 , websites can qualify as "unpatented articles," according
to a recent Federal Circuit opinion.
Shipley developed software known as "Dynamic Firewall," which was destroyed in 1999.
Despite the software's...
Next time you're in
the supermarket checkout line, find the candy display and buy your child a Ring Pop. You'll be giving yourself an opportunity
to explain the concept of false patent marking. Think how excited your
five-year-old will be to finally learn about 35
USCS § 292 . Just imagine...
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"...
Monty Agarwal will discuss recent developments in false patent
marking cases, including heightened pleading requirements, challenges to
the constitutionality of the law, and pending Congressional reform.
Taylor will address the recent Supreme Court ruling in i4i v. Microsoft
By Shawn Leppo This
article is the second in a series of mini-articles considering a
section of the new patent statute and how it may affect your business. Among
the earliest provisions of the recently signed Leahy-Smith Patent
Reform Act to go into effect are changes related to patent marking...
By Dabney Carr
If you thought passage of the America Invents Act would end the flood of false patent marking claims, think again. In
December, Judge Turk in the Western District of Virginia ruled that a
false marking plaintiff could proceed under state consumer protection
laws and that such...
By Dabney Carr
Last week, Judge Turk in the Western District of Virginia granted a plaintiff summary judgment on several elements of his false marking claims as well as on elements of his state law claims of false advertising and consumer protection act violations but held that whether the defendant...
United States law has long held that marking a product with a patent number gives the public constructive notice of a patent. If a patented product is not marked with the patent number by the patent owner, damages for infringement will be limited to the period after the patent owner gives actual notice...