Patent Marking: Federal Circuit Expands Liability Threat
Complying With the False Marking Statute to Avoid Claims
New Forest Group v. Bon Tool decision significantly raises the stakes
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course 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.
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
He focuses on intellectual property litigation, with a particular emphasis on patent litigation. He counsels... | Read More
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.
CloseRobert W. Unikel
Partner
Howrey
He litigates complex patent cases, as well as cases involving trade secrets, trademarks, trade dress and other forms of... | Read More
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.
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