Lawmakers Revive False Marking Legislation

Law360, New York (January 10, 2011, 2:23 PM EST) -- Two Republican members of the U.S. House of Representatives are introducing bills that would limit the standing and penalties available to plaintiffs bringing suits accusing companies of falsely marking expired patents.

Rep. Bob Latta, R-Ohio, on Friday introduced H.R. 243, which would amend Title 35 of the U.S. Code to modify the statutory language determining the penalties for false marking, which has been interpreted as allowing a fine of up to $500 per each falsely marked article in a precedent-setting 2009 U.S. Court of Appeals for...
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