LexisNexis® Legal Newsroom
Brinks Hofer Gilson & Lione: Virtual Patent Marking

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...

Fitch, Even, Tabin & Flannery IP Alert: Federal Circuit Rejects “Marking Estoppel” Doctrine

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...

Federal Circuit Finds Patent Marking is Circumstantial Evidence of Infringement

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...