False Marking Law After Stauffer V. Brooks Brothers

Law360, New York (September 17, 2010, 12:29 PM EDT) -- Since the U.S. Court of Appeals for the Federal Circuit’s December 2009 ruling that the patent false marking statute applies on a per article basis, plaintiffs have filed more false marking cases, hoping to recover half the statutory fine.

In response, defendants have attacked the statute and complaints for false marking on a variety of theories from the need to plead with particularity, to lack of standing, to the constitutionality of the underlying statute.

Through these cases, district courts and the Federal Circuit have clarified the...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.