Under 35 U.S.C. §292, “any person” may sue anyone who falsely marks an unpatented article as patented for up to $500 per offense. The law creates a qui tam cause of action, with the monetary penalty to be split 50-50 between the person suing and the government.
False-marking suits have surged in the courts since the Federal Circuit’s December 2009 ruling in The Forest Group Inc. v. Bon Tool Co., in which the court held that the $500 penalty applies to each falsely marked product.
The possibility that the Federal Circuit could issue a ruling in Brooks Brothers that would make it tougher for plaintiffs to prevent dismissal of their suits has some Texas attorneys keeping a close watch on the case.
Ken Good, a shareholder in Kent, Good, Anderson & Bush in Tyler, says the Federal Circuit could hold that a plaintiff has to be the defendants’ competitor and “that will be severe damage to the cause of action ...Zum vollständigen Artikel