Avoiding Intent In A False Patent Marking Action

Law360, New York (July 21, 2010, 12:09 PM EDT) -- The false marking statute, 35 U.S.C. § 292, which has been in place in its current form since 1952, imposes a fine of $500 per offense for falsely marking a product as "patented," “patent applied for” or “patent pending.”

Historically, a single decision to mark a batch of products was treated as a single offense with a $500 penalty. But in Forest Group Inc. v. Bon Tool Co., 590 F.3d 1295 (Fed. Cir. 2009), the U.S. Court of Appeals for the Federal Circuit interpreted "offense" to...
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