Patent False-Marking Lawsuits: Could Your Company Be Next?
Melissa Lore and Lynn E. Rzonca - Ballard Spahr LLP
June 21, 2010
If you own U.S. patents and mark your products as patented or patent pending, you could find yourself defending a federal lawsuit. A recent Federal Circuit Court of Appeals decision has opened the floodgates for qui tam plaintiffs to challenge the accuracy and validity of patent marking, requesting to split any statutory damages award with the government—assessed “per article.”
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