June 2010 | The Metropolitan Corporate Counsel
The article discusses the recent rise in false patent marking following the court ruling made in Forest Group v. Bon Tool, 590 F.3d 1295 (Fed. Cir. 2009) . The authors outline the legal framework for the false marketing claim, as well as insurance coverage that is available for false marketing litigation. Additionally, the authors provide guidelines to help avoid false marketing claims and project potential changes to the present patent false marketing litigation framework.The authors suggest that until the false marking litigation landscape changes, companies should take proactive steps to minimize their exposure to such false marking claims. Whether or not the legal and legislative landscape changes, companies should implement the guidelines outlined in the article to minimize their exposure to false marketing suits. In the event a suit is filed, companies should thoroughly examine their insurance portfolio to determine if coverage is available for the defense of the false marking claims.
False Patent Marking Litigation (PDF, 54.61 K)
