US courts have seen a surge in false marking suits since last December when the Federal Circuit held that the false marking statute, 35 U.S.C. § 292, mandates the imposition of a fine on a per-article basis (as opposed to a per-marking-decision basis). Since then, the Federal Circuit has ruled that any plaintiff can sue for violations of the statute. District courts are still developing the parameters under which such suits can survive a motion to dismiss. As a result, numerous qui tam plaintiffs have received windfall settlements, and some potential defendants have opted to stop marking products entirely to avoid the expense and risk of litigation, potentially limiting their ability to collect damages for infringement of valid patents.
Please join us for a 60-minute webinar addressing the risks now faced by businesses in light of patent marking laws in the US, the EU and Asia. The session will include a discussion of:
- Courts’ treatment of false marking cases since the Federal Circuit’s decision in Forest Group
- Strategies for defending against false marking claims
- Current state of proposed legislative reform in the US
- Brief overview of the legal position of false marking in China, Hong Kong and Germany
Richard M. Assmus
Alan C. W. Chiu
Emily C. Melvin
Presentation Slides (PDF)
Learn more about Mayer Brown's Intellectual Property group.