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If you are a patent holder and are selling a product covered by your patent, please remember to mark your products. The purpose of patent marking is to give notice to the public that the product being sold is patented. If...more
The Federal Circuit determined that if a company misleads consumers about the nature of a product by making false patent marking claims, it can be held liable under the Lanham Act. False marking claims under the Lanham Act...more
In Short - The Background: Patent marking refers to the practice of indicating on a product that its underlying technology is protected through a patent. As an alternative to traditional patent marking, e-marking displays...more
A question that arises with some frequency in modern patent infringement cases is: Can pre-suit damages be recovered for a time period when the patentee (and any licensee) was in compliance with the marking statute when there...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
In the last issue, we discussed patent marking basics and issues related to licensee marking. A recent district court summary judgment decision provides another reminder regarding licensee marking and whether marking product...more
After investing time and resources to obtain patent protection, consumer product companies should maximize their return through a well-executed patent marking plan. The details of an effective marking program must be...more