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Expert Analysis

Patent-Marking Rules For Settling Parties After Arctic Cat

By Louis Touton and Andrea W. Jeffries (April 10, 2018, 12:58 PM EDT) -- Under the patent-marking statute (35 U.S.C. § 287), a patent owner making or selling products covered by the patent can recover damages for infringement before the lawsuit was filed only if the patentee's products are marked as patented, or actual notice of infringement has been given. When a patent owner that licenses its patent to others seeks to rely on product marking, it must take steps to ensure that its licensees mark their patented products....

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