False Marking Claims Run Amok


In the February issue of Brief, Dean Bostock reported on a cause for concern due to a recent change in the patent law holding that each instance of false marking may precipitate a fine of up to $500. See Forest Group, Inc. v. BonTool Co., 590 F.3d 1295 (Fed. Cir. 2009). Mr. Bostock’s clairvoyant observation that a cottage industry might emerge to exploit this change in the law has come to fruition. Since the February publication, a plethora of qui tam suits (80+) against numerous manufacturers of consumer products have been filed, each attempting to capitalize on the Forest Group decision.

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