Patent Marking Requirements Post TransCore

Law360 (October 16, 2009, 1:37 PM EDT) -- The patent marking limitation of 35 U.S.C. § 287(a) is becoming increasingly important. With more lawsuits being brought by patentees who do not make a product, but instead just license patents, there are many opportunities to raise this defense and, conversely, many instances where patentees need to be mindful of this important requirement. In light of a recent Federal Circuit case, the patent marking requirement may become more significant....

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