Intellectual Property
Mar. 31, 2010
Strategies for Litigating False Marking Cases
With over 100 "false marking suits" filed since Forest Group, Inc. v. Bon Tool Co., Scott Herbst and David Albagli of Finnegan advise on how to litigate and avoid such suits.
By Scott Herbst and David Albagli
There is a new species of patent plaintiff out there, one that sues patent holders who falsely mark their products as "patented." In case you had not heard, marking the word "patent" on a product, or "any word or number importing the same is patented," is if the product is not in fact covered by a U.S. patent a violation of federal statute 35 U.S.C. Section 292. The financial lure in these cases is the statutory fine, a prescribed "pena...For only $95 a month (the price of 2 article purchases)
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