ANALYSIS: Federal Circuit Expands False Patent Marking Statute: Steps to Avoid Substantial Liability

Have you reviewed your patent marking practices lately? If not, you should strongly consider doing so in light of a recent decision by the U.S. Court of Appeals for the Federal Circuit.

ANALYSIS: Beware: First Round of Cases Hits the Courts After Federal Circuit Clears the Way for Large False Patent Marking Fines

A little case about construction stilts could mean big fines for companies found liable under the false patent marking statute. In a huge expansion of the fines available under the statute, the Federal Circuit has distinguished century-old precedent, and now every article falsely marked with a patent number is subject to the maximum fine, $500. 1 This means a batch of 100,000 falsely marked products could face fines of $50,000,000. With such large potential damages, and qui tam litigants eligible to collect half of the bounty recovered, litigants have not been wasting time pursuing claims.

ANALYSIS: False Patent Marking Claims Under the Lanham Act

Section 292 of the Patent Act, 35 U.S.C. §292, led a relatively quiet existence prior to the Federal Circuit’s recent false patent marking decision in…