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...
The Court of Appeals for the Federal Circuit issued a
recent decision rejecting the doctrine of "marking estoppel." The decision, Frolow
v. Wilson Sporting Goods Co . [ an enhanced version of this opinion is available to lexis.com
subscribers ], clarifies certain issues under the law of...
In Frolow v. Wilson
Sporting Goods Co. [ an enhanced version of this opinion is available to lexis.com
subscribers ], the Federal Circuit refused to adopt the doctrine of
marking estoppel, but held that evidence that Wilson had marked some accused
tennis racket models constituted evidence of infringement...