The US Court of Appeals for the Federal Circuit reversed a district court’s finding of liability for infringement that occurred prior to the filing of the action, explaining that notwithstanding the defendant’ admission that...more
Section 287 of the U.S. Patent Act gives a patent owner the ability to recover damages for patent infringement in two ways: (1) if a patented article is marked; or (2) if actual notice of infringement has been provided. The...more
The patent marking statute, codified at 35 U.S.C. § 287(a) appears straightforward: Patentees, and persons making, offering for sale, or selling within the United States any patented article for or under them, or importing...more
Federal Circuit Summaries - Before Moore, Plager, and Stoll. Appeal from the United States District Court for the Southern District of Florida. Summary: In challenging compliance with the marking requirement of §...more