Perspective
Aug. 6, 2009
On Your Marks: The Rules on False Patent Marking Are Murky
Case law on how to assess patent false marking offenses is sparse, writes Michelle Porter.
Parties to false marking suits may encounter challenges in determining what constitutes a false marking offense, given limited and what can be viewed as inconsistent - if not contradictory - case law on the matter.
False marking cases are brought against firms or individuals believed to have affixed a patent number or the word "patent" to a product that is not covered by the marked patent. Cases also can be broug...
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