False Patent Marking Defendants Gear Up For Round 2

Law360, New York (January 31, 2011, 6:30 PM EST) -- The past year saw a frenzy of new false patent marking actions and a ruling that gave anyone standing to bring the suits, but defense attorneys are optimistic that constitutional challenges and new legislation in the works in 2011 will bring an end to the suits in their current incarnation.

The U.S. Court of Appeals for the Federal Circuit ruled in late December 2009 that companies can face penalties under the statute for each product falsely marked with an expired patent, not each decision to mark,...
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