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ARTICLE · 24 JANUARY 2010
Damage Assessments For False Patent Marking To Be Applied On A Per-Article Basis
Duane Morris LLP
Contributor
Duane Morris LLP
View firm profileOn December 28, 2009, in "Forest Group v. Bon Tool Company", the U.S. Court of Appeals for the Federal Circuit rejected long-standing precedent to hold that the plain language of the false marking statute (35 U.S.C. § 292) requires the civil penalty to be imposed on a per-article basis—meaning that a false marking claimant may now recover up to $500 "per falsely marked article".
United StatesIntellectual Property







