Webinar: False Marking Litigation: What Now?
December 16, 2010
The recent onslaught of false marking lawsuits has gained additional momentum in the wake of two Federal Circuit decisions. In Pequignot v. Solo Cup the Federal Circuit validated the false marking trolls’ most exploited theory: that marking with expired patent numbers violates 35 U.S.C. § 292. Further paving the road for new case filings, the court held in Stauffer v. Brooks Brothers that any person—regardless of competitive harm—may sue for false marking. While defendants facing Section 292 lawsuits were hopeful that these cases would have been decided differently—thus, curtailing, if not putting an end to false marking case filings—that did not happen.
So what now? Motions to dismiss, early settlement, and, of course, fighting on the merits are all options. But the likelihood of success for each approach varies from case to case, and there are unique challenges and questions to consider, regardless of the strategic course taken.
This webinar will discuss the impact of the Stauffer and Solo Cup decisions on strategies and future considerations for defendants facing false marking suits. Finnegan lawyers will review the current landscape of false marking cases, examining competing district court decisions on preliminary motions and evaluating settlement options.
Shana K. Cyr, Ph.D.
Robert F. Shaffer
John M. Williamson
2:00 - 3:00 p.m. EST
There is no charge to attend this program. Please register here by December 14, 2010. Webinar access and dial-in information will be sent upon registration.
False Marking Litigation: What Now?