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False marking applies on a per article basis, not a per decision to mark basis

By McKee, Voorhees & Sease, P.L.C.

In Forest Group v. Bon Tool Co., the Federal Circuit held that the false marking statute applies on a per article basis, rather than on a per decision to mark basis.  The Federal Circuit reversed the district court, which had imposed a fine of $500 for a single decision to falsely mark a shipment of stilts as patented when they were not patented, and instructed the district court to recalculate the fine based on the total number of stilts that were falsely marked.

More details of Forest Group v. Bon Tool Co. after the jump.

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Full post as published by FileWrapper on March 03, 2010 (boomark / email).