To the dismay of patent holders, the Federal Circuit last December invited bounty hunting trolls to file false marking claims against companies whose patent marking mistakes were the result of more than mere carelessness. Following other recent decisions favoring false marking plaintiffs, bounty hunters (including patent lawyers “represented” by other members of their firm) have begun trolling the aisles of big-box retailers looking for mass-produced products that have old (and potentially expired) patent numbers, which are then made the subject of federal court lawsuits seeking fines of up to $500 per item. This article discusses the main issues that companies sued for false marking by such trolls can expect to encounter. Read the entire article here.

For more information, please contact Vinson & Elkins lawyers Scott Breedlove, Stuart Tonkinson, or Allen Yee. Visit our website to learn more about V&E's Intellectual Property Litigation practice, or e-mail one of the V&E Intellectual Property Litigation practice contacts.