Insurance
Jul. 28, 2011
Insurance coverage for false patent marking claims
Insurers fail to acknowledge that a false marking claim is a form of false advertising that triggers coverage. By David A. Gauntlett of Gauntlett & Associates
As of July 14, there have been 872 false patent marking claims filed in the United States. The current average is seven new cases per week. Defendants are challenging the constitutionality of the centuries-old statute that makes this specific form of false advertising actionable, with mixed results.
35 U.S.C. Section 292 (a) makes false marking of products, or advertising products as patented when they are not, actionable by a re...
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