Law360, New York (July 21, 2010, 12:09 PM ET) -- 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...
Avoiding Intent In A False Patent Marking Action
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