House Bill Seeks To Amend False Marking Remedies

Law360, New York (March 26, 2010, 1:58 PM EDT) -- Rep. Darrell Issa, R-Calif., has proposed legislation to amend remedies under U.S. patent law for false marking, amid a swell in recent lawsuits on the issue.

H.R. 4954, referred to the House Committee on the Judiciary on Wednesday, is the House equivalent to the proposed Patent Reform Act, amended by the Senate Judiciary Committee earlier in March.

The recent Senate amendments, like Issa's proposed bill, would protect manufacturers from false marking claims by requiring plaintiffs to show competitive injury, and by instituting compensatory, rather than statutory,...
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