Hanging Up The Empty Suits

Law360, New York (January 20, 2011, 5:24 PM EST) -- Year ends encourage backward-looking assessments. The fastest developing aspect of patent litigation of the recent past should be contemplated by the patent litigation bar with shame.

False marking cases were virtually unheard of four or five years ago, but there are now hundreds pending.[1] These cases have become commonplace because of senseless court rulings and shameless opportunists and their attorneys willing to plead pure nonsense.

Two provisions long a part of the U.S. patent statutes address “patent marking.”

The notice provision, 35 U.S.C. § 287(a), permits...
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