Business Can’t Hide from False Patent Marking Lawsuits: Here’s How to Predict If You Might be Sued

The take home message:  If your company sells a product that bears a patent number, you need to read this post in its entirety. Much has been written in recent months about false marking lawsuits, most of these in the form of “urgent legal alerts” by law firms that calmly deconstruct the appellate court rulings (this one is illustrative).  At the end of the day, these articles likely do not look very “urgent” to business people like yourself because most business people do not engage themselves with patent law generally, let alone something as arcane as false marking.  So, even though the subject excites us a patent experts, we really cannot expect you to get excited about something that does not seem to affect your ability to conduct business today. However, if your business is a likely target of a false marking lawsuit it will cost you big bucks almost immediately.  These surprise costs could very well derail your ability to turn a profit in the near future, and could even put some struggling companies out of business.  But what if I told you that getting sued for false marking is a highly predictable event?  You might even be able Continue Reading →