Perspective
Mar. 13, 2010
False Patent Marking: The Next Frontier for IP Litigation
Sunil Kulkarni and Rachel Krevans of Morrison & Foerster discuss the advantages of a false marking suit and how to protect against being sued.
By Sunil Kulkarni and Rachel Krevans
In February 2010, over 30 lawsuits were filed against companies in myriad industries including computer, pharmaceuticals, consumer products, auto parts, and video games-alleging false patent marking under 35 U.S.C. Section 292. Even before this recent surge, false marking lawsuits had been increasing over the last few years, as plaintiffs' lawyers have realized the many advantages of a false marking suit over a traditional patent infr...For only $95 a month (the price of 2 article purchases)
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