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The Growing Threat of False Patent Marking Cases

If your company makes or distributes products that include references that a product is “patented” or suggest that it is covered by one or more patents, beware. Your company may be targeted for a lawsuit. Following a trilogy of cases from the Court of Appeals for the Federal Circuit starting in December 2009, a previously little used statute addressing “false patent marking” is now being used, on average, nearly twice a day by a new class of litigation prospectors seeking to profit at patent owners’ expense.

With potential fines for false marking reaching into the millions of dollars, and more, it is critical to understand this issue. Being proactive to ensure that you are properly marking your currently patented products can help your company avoid a lawsuit and defend yourself should you find your business accused of false patent marking.

Paul Ackerman

Read the full article here. https://clients.dorsey.com/rs/vm.ashx?ct=24F76D1ED1E10AEDC1D089A5D52B931ADFBE7BB3D38714DD4CF371647BF8D90DDD78037

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