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Expert Analysis

Weathering The Storm Of False Marking Claims

Law360 (June 11, 2010, 4:20 PM EDT) -- Since January, hundreds of companies have been sued for false patent marking, with one individual alone suing over 40 companies ranging from CIBA Vision to Bunn-O-Matic. A court decision last December triggered this land rush by changing the manner of assessing statutory false marking fines, from per-product line to per-article — up to $1,000,000.00 for just 2,000 unit sales. The plaintiffs, who need not own patents or even prove any particular harm, keep half of the fines awarded....

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