Monthly Archives: April 2011

Federal Circuit Holds False Marking Claims Must Be Pled With Particularity

The false marking statute, 35 U.S.C. § 292(a), prohibits several forms of falsely marking: Marking an unpatented article as patented, Falsely marking an article as covered by a pending patent when no application has been filed, and Using false markings in advertising if the marking is done “for the purpose of deceiving the public.” Because […]

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