Client Alert: Be Sure Your Patent Numbers Are Correct

Lawsuits based upon the False Patent Marking Statute are creating a new legal cottage industry.

LOS ANGELES –April 12, 2010– Rod Berman, chair of the Intellectual Property Group at Jeffer Mangels Butler & Marmaro LLP (JMBM), warns that a recent ruling may put owners of patents and patent applications at significant financial risk.

Under the False Patent Marking Statute, businesses can be sued for substantial damages if they distribute products labeled with incorrect or expired patent numbers or recite "patent pending" when no relevant patent application is pending before the Patent Office. False Patent Marking lawsuits have become the basis for a burgeoning cottage industry. Businesses can be liable for up to $500 per mis-marked item, according to the recent Federal Appeals Court ruling.

Rod Berman’s article highlighting the key issues, including the Solo Cups case and recently introduced legislation in Congress:

Read the full article.

View as PDF.

If you would like more information, feel free to contact Rod Berman or your contact at the firm.

JMBM’s Intellectual Property Group handles patents, trademarks, copyrights, domain names, trade dress, trade secrets and related licensing and litigation. The attorneys in JMBM’s IP Group have extensive experience in matters spanning the industrial spectrum from apparel, games and cosmetics to medical devices, pharmaceuticals and digital media content.