Navigating The Marking And False Marking Statutes

Law360, New York (May 15, 2009, 12:00 AM EDT) -- Packaging a product to properly protect against infringement while avoiding liability for false marking can prove problematic for patent holders. Three recent cases that examine common language used on product packaging provide new direction as to what constitutes false marking.

Armed with this information, patent holders must now decide if they should incur the cost and administrative burden of creating new packaging, unique to each product, to avoid the risk of liability for false marking or the loss of presuit damages for infringement.

A patent holder...
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