Fighting False Marking Through Gov't Settlements

Law360, New York (November 2, 2010, 12:53 PM EDT) -- Since the Federal Circuit’s decision in The Forest Group Inc. v. Bon Tool Co., 590 F.3d 1295 (Fed. Cir. 2009), there has been a surge in false patent marking lawsuits. Indeed, over 500 such lawsuits have been filed since the Forest Group decision.[1]

Typically, these lawsuits are initiated by a new breed of “troll” who surfs the Internet or store shelves looking for products that are labeled with expired patent numbers. Cf. Pequignot v. Solo Cup Co., 608 F.3d 1356, 1362 (Fed. Cir. 2010) (“[A]rticles marked...
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