Intellectual Property
Jan. 9, 2010
Public Empowered to Claim False Marking
Attorney Howard Hoffenberg discusses a recent federal decision enabling members of the public to seek large monetary awards for false marking claims.
By Howard Hoffenberg
Courthouse doors are open to the public to bring claims against purveyors who falsely mark a good as being patented and to potentially recover a large monetary award. So says the U.S. Court of Appeals for the Federal Circuit's Dec. 28, 2009 decision in The Forest Group, Inc. v. Bon Tool Co. The court wrote that "Forest argues that interpreting the fine of [Section] 292 to apply on a per article basis would encourage 'a new cottage in...For only $95 a month (the price of 2 article purchases)
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