Solo Cup Won't Put Dent In False Marking Suits: Experts

By Erin Coe (June 16, 2010, 7:19 PM EDT) -- If defense attorneys assumed they could kick back and relax following a recent federal appeals court ruling in the Solo Cup Co. case over false patent marking, they'd better think again, intellectual property experts say.

While the U.S. Court of Appeals for the Federal Circuit's decision raised the bar for plaintiffs to show that defendants intended to deceive the public by marking their products with expired patents, the ruling is not likely to stem the tide of false marking suits, experts said.

The Federal Circuit on June 10 found that improperly marking items with expired patents counted as false patent marking,...

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