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Wednesday, September 1, 2010

Patent Marking - Next Target for Trolls?

Yesterday's decision by the CAFC effectively means that the penalty for false marking has evolved from $500 per product to $500 per individual piece!  Will be curious to see whether the Supreme Court takes this one on.  From the Wall Street Journal's Law Blog:

The ruling could pave the way for hundreds of similar suits against major companies to move forward. A separate ruling by the Federal Circuit in December raised the stakes in such cases, potentially exposing product makers to huge liabilities.

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