Patent Marking: Federal Circuit Expands Liability Threat

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

1. Patent marking requirements
2. Court treatment
   1. Forest Group v. Bon Tool (Fed. Cir. 2009)
   2. Matthew A. Pequignot v. Solo Cup Co. (E.D. Va. 2009)
3. Patent marking
   1. Determining whether to mark — considerations
   2. How to mark
4. 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?

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.

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