False Marking Law After Stauffer V. Brooks Brothers

Law360, New York (September 17, 2010, 12:29 PM EDT) -- Since the U.S. Court of Appeals for the Federal Circuit’s December 2009 ruling that the patent false marking statute applies on a per article basis, plaintiffs have filed more false marking cases, hoping to recover half the statutory fine.

In response, defendants have attacked the statute and complaints for false marking on a variety of theories from the need to plead with particularity, to lack of standing, to the constitutionality of the underlying statute.

Through these cases, district courts and the Federal Circuit have clarified the...
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