A Little Case With A Huge Impact

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Companies using improper patent markings may now face multi-million dollar fines thanks to a recent Federal Circuit case. See Forest Group v. Bon Tool Co., 590 F.3d 1295 (Fed. Cir. 2009). Before the courts ruling in Forest Group Inc. v. Bon Tool Co., companies found violating the False Patent Marking Statute, 35 U.S.C. § 292(a), were only fined a maximum $500 penalty for a single offense of false marking. This is true regardless of the number of individual products.

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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.

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