Federal Circuit clarifies penalty for false patent marking

Description

Abstract: Claiming a product is patented to help boost sales may seem like a relatively foolproof idea. But when one company sued another for selling an infringing product, the defendant successfully counterclaimed, alleging false marking because the plaintiff’s product lacked a patented element. Patent holders would be wise to avoid such “marking trolls” by reviewing their markings to ensure the patents remain valid and apply to the marked articles.