Enhanced Pleading Requirments Apply in Patent Marking Cases


Allegations that a party falsely marked unpatented articles with a U.S. patent number must include facts from which a court may reasonably infer that the party acted with intent to deceive the public. So held the Court of Appeals for the Federal Circuit in granting a relatively rare interlocutory writ of mandamus on 15 March 2011, ordering the corresponding district court to grant a motion to dismiss.

This decision clarifies the law regarding patent marking and may facilitate resolution of some of the recent flurry of lawsuits alleging false-marking violations.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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