Perspective
Feb. 11, 2011
Who Can Pursue a False Marking Claim?
The Federal Circuit rejects an attempt to limit standing to file false patent marking claims. By Guinevere L. Jobson of Fenwick & West.
Early last fall, the Federal Circuit rejected a procedural attempt to curb the influx of "false patent marking" lawsuits by providing guidance on the standing requirements for pursuing false marking claims under 35 U.S. C. Section 292. Stauffer v. Brooks Brothers Inc., 619 F.3d 1321(Fed. Cir. 2010). Section 292 prohibits affixing the word "patent" to an unpatented article with the purpose of deceiving the public a...
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