Fight the false marking fiasco

Logo
Presented by

Managing IP, Nixon Peabody, University of Maryland School of Law

About this talk

In 2008, a US district court said that expired patent numbers fall within the scope of “unpatented articles”, as defined by the section of the US statute relating to the standards for bringing lawsuits for false patent marking. Then, in December last year, the Federal Circuit ruled in Forest Group v Bon Tool that false marking defendants are subject to potentially much greater fines than had been previously awarded. These two cases have arguably incited a false marking frenzy in the US, with hundreds of suits having been filed this year alone. This webinar will discuss how we got here, proposals to curb the problem, and strategies for companies to both avoid and successfully navigate such actions. Speakers: Eileen McDermott, Managing IP (moderator) Lawrence M. Sung, University of Maryland School of Law Robert Krebs, Nixon Peabody Maia Harris, Nixon Peabody

Related topics:

More from this channel

Upcoming talks (0)
On-demand talks (85)
Subscribers (11198)
‘What keeps in-house counsel awake at night?’ is one way to summarise our editorial focus. We aim to track the strategies of in-house IP counsel within companies, big and small, by speaking directly to them about the day-to-day issues they face. Law firms need practical information that they can apply when advising their clients, and companies find value in benchmarking their strategies with those of their peers. This is why we have adopted this approach in our subscription-based service. Our content is not reactionary or news-focused, but informed and actionable. In this pursuit of in-house intelligence, we also publish several surveys each year that include exclusive data focusing on specific industry issues. These polls allow us to provide an accurate snapshot of how in-house counsel perceive and act on a given issue. Our other core objective is interviewing senior judges, whose insight is valuable for many IP stakeholders. We find that the judiciary are vital for giving counsel, private and in-house, highly useful information for when they are locked in litigation. We continue to speak regularly with IP offices too. Regardless of its specific intent, our coverage is global and encompasses (but is not limited to) the following areas: Copyright; Data; Designs; Patents; Trademarks; and Trade secrets