Patent Happenings, January 2010


The January 2010 edition of Patent Happenings,® written by the author of the Annotated Patent Digest, presents concise summaries of important developments in U.S. patent law occurring during the month of December, 2009. Developments include:

1) Federal Circuit holds that the penalty for false marking under § 292 must be assessed on a per article basis with the district court setting the amount of the penalty anywhere from a fraction of a penny to a maximum of $500 per article falsely marked;

2) E.D. Texas applies on-going royalty to redesigned product since it was not more than colorably different from original adjudicated infringing product;

3) Lessons to note from the Federal Circuit’s opinion in i4i on the need for JMOL motions and opinions of counsel; and

4) Mandamus granted to transfer infringement action to forum where accused product was developed since original forum had no “relevant factual connection” to the infringement action.

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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.

© Robert Matthews, Jr., Matthews Patent-Law Consulting | Attorney Advertising

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