Steps To Reduce Risk Of A False Patent Marking Suit
August 26, 2008, 12:00 AM EDT
Law360, New York (August 26, 2008, 12:00 AM EDT) -- A recent district court decision on false patent marking shows how easy it is for a company to be exposed to expensive litigation and large statutory damages if it is not careful in monitoring how its products are marked. But as we discuss below, it is also easy to reduce this risk.
Patent marking is an effective method of providing notice to infringers of product patents, as required under 35 U.S.C. section 287(a) in order to collect damages for infringement. (Patent marking is not necessary for...