A Potential Competitor May Bring False Marking Action
if It Suffered Competitive Injury
Ponani Sukumar and Southern California Stroke Rehab. Ass., Inc.
v. Nautilus, Inc., No. 2014-1205, 2015 U.S. App. LEXIS 7329
(Fed. Cir. May 4, 2015) (Prost, CJ.). Click Here for a copy of the opinion.
Sukumar launched several legal actions against Nautilus relating to
its purchase of Nautilus's custom fitness machines. The current
litigation was filed by Sukumar and SCSRA (collectively
"Sukumar") after SCSRA (a company founded by Sukumar) had
acquired over 100 Nautilus fitness machines. On summary judgment,
the district court found that several patents marked on the
Nautilus fitness machines did not cover them, which is a violation
of 35 U.S.C. § 292(a). However, in order to bring a private
action to enforce this provision, 35 U.S.C. § 292 (b) requires
the plaintiff to have suffered a "competitive injury as a
result of a violation of this section." The district court
found
