The Marking Statute Should Cover All Patent Claims
Law360, New York (March 14, 2013, 11:51 AM EDT) -- Should a patent owner be allowed to avoid the damages limitations of the patent marking statute simply by picking and choosing which patent claims it asserts in a litigation? This article argues that this is an unfair result and is not required by the statute.
The patent marking statute encourages patentees to mark their products with the applicable patent number(s). This serves three related purposes: (1) to protect the public from innocent infringement; (2) to encourage patent holders to notify the public about patented articles; and (3) to aid the public in identifying whether a product is patented.
If the patentee...
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