Federal Circuit: Marking Evidence Relevant In Breach Of Contract Case

Federal Circuit: Marking Evidence Relevant In Breach Of Contract Case

WASHINGTON, D.C. - Although declining the opportunity to adopt the doctrine of "marking estoppel," the Federal Circuit U.S. Court of Appeals agreed with a plaintiff March 15 that a defendant's decision to mark its products with the plaintiff's patent number supports an inference that the products fall within the patent claims (Jack L. Frolow v. Wilson Sporting Goods Co., No. 12-1185, Fed. Cir.).

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