False Patent Marking: Will Your Company be Sued Next?


In 2007, a seemingly random patent attorney sued the Solo Cup Company for over $10 trillion, and he wasn’t totally crazy to try. Solo knowingly marked 21.7 billion products with patent numbers that either didn’t apply to the products or were expired, but wanted to avoid the cost of replacing their molds that had years of life left in them.

The U.S. patent system allows patent owners to exclude others from practicing an invention in exchange for disclosure of the invention to the public. Two statutes ensure that the public has accurate information on the existence of patent rights, the patent marking statute, 35 U.S.C. §287(a), and the false patent marking statute, 35 U.S.C. §292.

Patent attorneys, John Nemazi and Robert Tuttle at Brooks Kushman provide business owners with proactive steps to avoid false marking litigation.

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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.

© Michael Zukewich | Attorney Advertising

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