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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