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False Patent Marking Complaint Fails Absent Proof of Owner’s Intent to Deceive

June 18, 2010 in Patent Trademark & Copyright Journal · Leave a Comment 

Patent owners’ fears of a “cottage industry” of qui tam false patent marking complaints were somewhat allayed June 10, as the U.S. Court of Appeals for the Federal Circuit affirmed that Solo Cup Co. lacked the requisite intent to be liable for falsely marking more than 20 billion cup lids as protected by an expired patent (Pequignot v. Solo Cup Co., Fed. Cir., No. 2009-1547, 6/10/10)…

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