False Patent Marking: Will Your Company be Sued Next?

Patent attorneys, John Nemazi and Robert Tuttle at Brooks Kushman provide business owners with proactive steps to avoid false marking litigation.

False Patent Marking: Will Your Company be Sued Next?

In 2007, a seemingly random patent attorney sued the Solo Cup Company for over $10 trillion, and he wasn`t totally crazy to try. Solo knowingly marked 21.7 billion products with patent numbers that either didn`t apply to the products or were expired, but wanted to avoid the cost of replacing their molds that had years of life left in them.

The U.S. patent system allows patent owners to exclude others from practicing an invention in exchange for disclosure of the invention to the public. Two statutes ensure that the public has accurate information on the existence of patent rights, the patent marking statute, 35 U.S.C. §287(a), and the false patent marking statute, 35 U.S.C. §292.

Read the entire Corp! article written by Patent attorneys John Nemazi & Robert Tuttle.

Original Publication: Corp! September 2, 2010

Keep Reading

Podcasts

The Institutional Issues with Replication in Research with Dr. J. Edward Swan II of Mississippi State University

Podcasts

Innovative Machine Learning in Europe with Dr. Harry Strange from Withers & Rogers

Press Releases

Brooks Kushman Welcomes New Associate Abdulai Rashid

Client Alerts

Brooks Kushman Secures Favorable Result at PTAB for Patent Owner Y. Evan Spero

Presentations

Christopher Smith to Present at ACC CCU 2024 in Denver

Press Releases

Brooks Kushman Recognized In The Top Tier Of IP Firms In The Country By Managing IP; Eight Shareholders…

Presentations

Chloe Conway Presented at the June Network Meeting for the Fashion Law Network

Press Releases

Brooks Kushman Attorneys Dustin Zak and Francesca Cusumano Joining 2024-2025 Michigan Intellectual Property Inn of Court Executive Committee

Podcasts

Intertwining Brand Therapy and Virtual Reality in the Metaverse with Jaime Schwarz from Brand Therapy LLC

Press Releases

Brooks Kushman Recognized by 2024 Chambers and Partners for Eighth Consecutive Year as Top Intellectual Property Firm

Press Releases

Brooks Kushman Recognized by Michigan Lawyers Weekly for Empowering Women

Press Releases

Brooks Kushman Recognized as Gold-Standard Firm By 2024 IAM Annual Patent 1000 For The Eleventh Year In A…