False Marking Claims Must Show Intent: Fed. Circ.

Law360, New York (June 10, 2010, 5:39 PM EDT) -- A federal appeals court handed down a highly anticipated ruling Thursday holding that while improperly marking items with the numbers of expired patents counts as false patent marking, the plaintiff in a false marking case must nonetheless establish that such marking is done with the intent to deceive the public.

Because Matthew Pequignot cannot show that Solo Cup Co. had the requisite intent to falsely mark its products, the district court’s judgment of no liability stands up, a three-judge panel ruled in the U.S. Court of...
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