False-marking lawsuits have surged since the Federal Circuit held in December 2009 that a penalty of up to $500 applies to each falsely marked product, rather than as a total penalty. Of the 290 false-marking cases filed from Jan. 1 through July 23, more than half were filed in three forums, including two in Texas. But a decision by the Federal Circuit in a case set for argument today could put the brakes on suits that accuse companies of false marking.
False-Marking Suits Head for a Showdown
August 3, 2010