Weathering The Storm Of False Marking Claims

Law360, New York (June 11, 2010, 4:20 PM EDT) -- Since January, hundreds of companies have been sued for false patent marking, with one individual alone suing over 40 companies ranging from CIBA Vision to Bunn-O-Matic. A court decision last December triggered this land rush by changing the manner of assessing statutory false marking fines, from per-product line to per-article — up to $1,000,000.00 for just 2,000 unit sales. The plaintiffs, who need not own patents or even prove any particular harm, keep half of the fines awarded.

Marking patented products with the word “patent” and...
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