False Marking

The Federal Circuit’s recent decision in Forest Group, Inc. v. Bon Tool Co. has triggered an explosion of lawsuits that allege companies have violated the false marking statute, 35 U.S.C. § 292, and are thus liable for a fine of up to $500 for each mismarked product. We have established this section of our website to provide our clients with case materials and constant updates on the fast-developing law of false patent marking.

Speaking Engagements
March 18, 2010 - Nick Setty (Atlanta), John Dragseth (Twin Cities), Heidi Harvey (Boston) and Christopher Marchese (Southern California) presented “Beyond Forest Group v. Bon Tool: What do you really need to know about patent marking?”

For a copy of the slides, please click here.

To listen to the audio recording, please click here.

False Patent Marking Alerts
If you would like to subscribe to our False Patent Marking Alert service, so that you can be notified when new information is posted, please click here.

False Marking Update: District Courts Assess Penalties "Per Article" in False Marking Suits

False Marking Update: Pequignot v. Solo Cup: Refining the False Marking Landscape

News

Law360 Exergen Escapes False Marking Suit Due To Overlap