Patent Marking: Federal Circuit Expands Liability Threat
Complying With the False Marking Statute to Avoid Claims
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, March 18, 2010
Recorded event now available
This CLE webinar will provide guidance to patent attorneys on deciding when and whether to mark items as patented since the Federal Circuit's Forest Group decision expanded liability for mismarking patents. The panel will offer best practices for marking patented items and for minimizing liability risks.
Description
In its recent decision in Forest Group v. Bon Tool, the Federal Circuit Court of Appeals expanded patentee liability for mismarking patents. The Federal Circuit adopted a per article interpretation of "offense" creating the potential for significant damages.
Deciding whether or not to mark articles as patented and complying with the False Marking Statute are not cut and dried. False patent marking can occur under a variety of circumstances, and anyone may sue for the alleged mismarking of an unpatented item.
Since the Forest Group ruling, Bayer, Graco, BIC and others have been sued, and more suits are expected as plaintiffs seek to take advantage of the ruling. Companies and counsel must carefully weigh the costs and benefits of enforcing patents in deciding whether to mark the patented item.
Listen as our authoritative panel of patent attorneys examines the requirements for patent marking and recent court treatment of marking. The panel will discuss the analysis of whether to mark, how to mark, and how to minimize the risk of liability for false marking.
Outline
- Patent marking requirements
- Court treatment
- Forest Group v. Bon Tool (Fed. Cir. 2009)
- Matthew A. Pequignot v. Solo Cup Co. (E.D. Va. 2009)
- Patent marking
- Determining whether to mark — considerations
- How to mark
- Minimizing risk of liability for false marking
Benefits
The panel will review these and other key questions:
- What factors must be considered when determining whether to mark a patented item?
- How are the federal courts treating claims that allege false marking?
- What steps can companies and their counsel take to minimize and mitigate the risks associated with false marking?
Faculty
Nathan Cummings,
Partner
Cooley Godward Kronish, Reston, Va.
He focuses on intellectual property litigation, with a particular emphasis on patent litigation. He counsels high-technology clients in all aspects of patent matters, including patent procurement, licensing, infringement, validity, enforceability and patent portfolio analysis.
Robert W. Unikel,
Partner
Howrey, Chicago
He litigates complex patent cases, as well as cases involving trade secrets, trademarks, trade dress and other forms of intellectual property. He has successfully defended against claims of false patent marking under 35 U.S.C. §292; and has managed disputes involving various well-known trademarks and myriad trade dress implicating product and packaging designs and non-traditional source indicators.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
Speakers were knowledgeable enough to talk about the subject matter in an easily digestible manner.
Daniel M. Cleary
Gotham Insurance/New York Marine & General Insurance
Great program. All three speakers were very knowledgeable and had smooth deliveries.
John Bowers
Fortune 100 Company
Convenient and well-organized. Well-run program.
Michael V. Kruljac
IMERYS
Very well-organized.
Kerin Coughlin
Constantine Cannon
Convenient, interesting and informative. Strafford brought together good subject matter experts with practical knowledge.
Thom Cope
Udall Law Firm
Intellectual Property Law Advisory Board
Shareholder
Winthrop & Weinstine
Partner
Fulbright & Jaworski
Partner
Winston & Strawn
Partner
Antonelli Terry Stout & Kraus
Partner
Mayer Brown
Partner
Duane Morris
Partner
Reed Smith
Partner
Gibson Dunn & Crutcher
Partner
Holland + Knight
Partner
McDermott Will & Emery
Partner
Orrick