Patent Happenings; Multiple False Marking Suits


With the explosion of patent false marking suits filed in 2010, courts must face many issues of first impression. One such issue is what to do when two or more plaintiffs bring different qui tam false marking suits for the same alleged act of false marking. The article analyzes whether Section 292 of the Patent Act permits mutliple penalties for the same act of patent false marking, and concludes that under the plain language of the statute, the doctrine of claim preclusion, and possibly the doctrine of double jeopardy, multilpe penalties should not be permitted. The article further analyzes whether, when faced with a second-filed false marking suit, a district court should stay, trasnfer or dismiss the second-filed action, and reports on the recent district court opinions addressing this issue.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Intellectual Property Updates

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

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »


Robert Matthews, Jr.
Matthews Patent-Law Consulting

A patent lawyer that many other patent lawyers themselves turn to when faced with complicated or... View Profile »

Follow Matthews Patent-Law Consulting:

Reporters on Deadline