USPTO Issues Report on Virtual Patent Marking Under the AIA Among the provisions of the America Invents Act that went into effect on September 16, 2011 was a change to the patent marking provisions contained in 35 U.S.C. § 287(a). Marking an article as with a patent number provides constructive notice to the public that the article is patented, and failure to appropriately mark an […] Continue Reading →
Federal Circuit decisions address false marking statute in Solo Cup and Brooks Brothers cases The Federal Circuit continues to address false marking cases. The court's recent decisions stress how important it is for patentees to monitor and update their labeling and other marking activities, particularly as patents expire. In June, the court affirmed a summary judgment decision in favor of Solo Cup related to the company's practice of marking […] Continue Reading →
False marking applies on a per article basis, not a per decision to mark basis In Forest Group v. Bon Tool Co., the Federal Circuit held that the false marking statute applies on a per article basis, rather than on a per decision to mark basis. The Federal Circuit reversed the district court, which had imposed a fine of $500 for a single decision to falsely mark a shipment of […] Continue Reading →
Reliance on initial expert for rebuttal sufficient to defeat summary judgment In a decision Tuesday, the Federal Circuit reversed grants of summary judgment in favor of both parties. The defendant was granted summary judgment of noninfringement, and the plaintiff (and counterclaim defendant) was granted summary judgment on the grounds of no marking under 35 U.S.C. § 287. Both parties appealed. The Federal Circuit determined there was […] Continue Reading →