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- Title
Watch out for the PATENT marking trolls.
- Authors
Kriss, Robert; Sarles, Jeffrey; Assmus, Richard
- Abstract
The article presents a warning to the new cottage industry in the U.S. about the false patent marking litigation they might face. According to the authors, such threat is a result of a U.S. Federal Circuit Court of Appeals decision in The Forest Group v. Bon Tool Co. In the said case, the court construed a provision under Section 292(a) of the Patent Act to require the imposition of fines on a per-article basis. The authors also note that demonstrating a lack of intent to create public deception as one way to succeed against a false patent marking claim.
- Subjects
UNITED States; COTTAGE industries; PATENT suits; FOREST Group Inc.; BON Tool Co.; ACTIONS &; defenses (Law)
- Publication
TCE: The Chemical Engineer, 2010, Issue 827, p22
- ISSN
0302-0797
- Publication type
Article