Watch Out For False Patent Marking Lawsuits


Recently several private parties have sued on behalf of the U.S. government against patent owners for "false marking." They are asserting that the patent owners put a patent number on products that are not covered by the patent. These suits may be lucrative because the maximum damages are $500 per item (not per patent) with the private party receiving half of the damage award.

The law on how to address these suits is not presently settled so the private parties and the defendants should consider the relevant issues when litigating false patent marking cases.

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

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.

© Frederic Douglas | Attorney Advertising

Written by:


Frederic Douglas on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.