How Important is Compliance with the Marking Statute? The Federal Circuit Continues to Say It Is Pretty Important.

by William Broman on September 29th, 2021
When an accused infringer admits to knowledge of potential infringement, but the commercial embodiment of the patent fails to comply with the marking statute, 35 U.S.C. § 287, what date should be used for calculating damages?  T… Read More

35 U.S.C. § 287(a) and the Burdens of Providing Notice for Pre-Suit Damages: Packet Intelligence LLC, v. Netscout Systems, Inc.

by Mark St. Amour on September 20th, 2020
In Packet Intelligence LLC, v. Netscout Systems, Inc. the Federal Circuit reversed a jury determination for pre-suit damages, and vacated an enhancement of such damages, for Netscout’s infringement of U.S. Patent 6,665,725, U.S.… Read More

Patent Marking Makes Patent Owner's Allegation of Practicing Invention a Double-Edged Sword

by Charles Bieneman on June 6th, 2012
After alleging that its product practiced the invention claimed in its patent, and having failed to properly mark that product, a patent owner found itself unable to pursue damages for alleged infringement before the date when the… Read More

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