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Patent Law
: The Patent ProspectorFalse Marking
By Gary Odom and Jordan Kuhn
Coffee
drinker Matthew Pequignot sued Solo Cup for false marking, after noticing on
coffee cup lids patent marks for long-expired patents. He then went after
Gillette and Proctor & Gamble. Pequignot sued qui tam, on behalf of the
government. In March, D.C. district court judge Leonie Brinkema ruled that
copasetic. Damages of up to $500 per violation are possible. For mass-produced
items, the tab could run to $ billions.
Under the law, the government gets half the take, the righteous citizen the remainder.
A New York judge pitched a similar case brought by Raymond E. Stauffer against Brooks Brothers over still marking its "original Adjustolox" bow tie, because of failure to show harm. By contrast, Brinkema ruled that the U.S. inherently suffered harm by breaking the law. The Justice Department backs her up, and moved to intervene in Stauffer's case.
Brinkema is not gung-ho on this, grudgingly acknowledging Pequignot's right to proceed: "It is likely an accident of history that (the law) survives as one of the few remaining qui tam statutes in American law."
The expected denigration of these legal activists has transpired. Stauffer was labeled a "bounty hunter" by Neil Friedman, who appears to have fallen off the turnip truck and picked himself up just in time to bill hours to Brooks Brothers for their defense. That practically defines every plaintiff lawyer, Mr. Friedman.
On the other side, corporations like Gillette squirm to evade the law by whining: "False markings claims come cheap. They damage defendants' reputations."
False marking acts as territorial pissing, marking turf that is no longer proprietary.
Full post as published by The Patent Prospector on June 08, 2009 (boomark / email).
False Claims
Attorney Robert Arledge ordered to pay $5.8 million after making false Fen Phen settlement claims.
Tuberculosis Testing:
False Positives
Kimkins
alleging false advertising of online dieting.
Alta College
Settles False Claims Allegatiions for $7 Million
$4.1 Million Settlement Awarded in False Imprisonment Lawsuit
$4.1 Million Settlement Awarded in False Imprisonment Lawsuit
Comcast Corp.
alleging false advertising related to the speed of its Internet service.

False Marking False Marking False Marking False Marking all at up to $500 per offense
False Marking: Calculating Damages Part I
Patently-O Bits and Bytes No. 41 (False Marking, Etc.)
Product marking a word of caution to patentees
FalseMarking.Net: An Information Resource on False Marking Litigation
The Flawed Nature of the False Marking Statute
Constitutionality of the Marking Statute
Patent Marking - Court Cautions Against Marking Product if Patent is Expired
False patent marking may not be false advertising









