Patent Law

Patently-O Patent L.J.: Overlapping Plaintiffs in False Marking Litigation

By Dennis Crouch

In the newest Patently-O Patent Law Journal publication, Robert Matthews discusses the law controlling false-marking suits when multiple plaintiffs sue for the same act of false marking. Matthews extrapolates the case-law to make two primary points: (1) a false-marking defendant cannot be subjected to multiple penalties for the same act of patent false marking; and (2) based on the first-to-file tradition, federal comity, and standing principles, the second-filed suit should be dismissed.

Cite as Robert A. Matthews, Jr., When Multiple Plaintiffs/Realtors Sue for the Same Act of Patent False Marking, 2010 Patently-O Patent L.J. 95 [File Attachment: Matthews.FalseMarking.pdf (234 KB)].

Full post as published by Patently Obvious on July 27, 2010 (boomark / email).