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Expert Analysis

Exposure And Settlement Value In False Marking Claims

Law360 (December 22, 2010, 2:15 PM EST) -- It has been just one year since the Federal Circuit issued its decision in Forest Group Inc. v. Bon Tool Co., 590 F.3d 1295 (Fed. Cir. 2009), holding that the penalty under the false marking statute, 35 U.S.C. § 292, applies to each marked article, as opposed to each decision to mark. As expected, the Forest Group decision unleashed a frenzy of false marking suits filed primarily by small false-marking qui tam plaintiffs apparently controlled by lawyers, many with backgrounds in intellectual property. In 2010 alone, Section 292 qui tam "relators" across the country filed false marking suits against almost 900 defendants....

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