Fed. Circ. Highlights Gravity Of Patent Marking Compliance

Law360 (March 9, 2020, 2:37 PM EDT) -- The U.S. Court of Appeals for the Federal Circuit's decision in Arctic Cat Inc. v. Bombardier Recreational Products Inc. illuminates the importance of patent marking compliance under Title 35 U.S. Code Section 287 to permit recovery of up to six years of past damages in a patent infringement case.[1]

This article provides a brief summary of the decision and highlights some of the key takeaways for parties in litigation, as well as important considerations when acquiring a patent portfolio.

General Patent Marking Background

The patent marking statute provides that if a patentee (or successor-in-interest) makes, offers for sale or sells within...

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