Patent False Marking: How To Spot and Avoid Physical and Virtual Landmines in Marketing and Advertising Your Products

• Alison Schwartz, Senior Counsel, Loeb & Loeb LLP

Patent false marking litigation has become a significant concern for many businesses since the Federal Circuit's ruling in Forest Group v. Bon Tool last December. Bon Tool changed the public's understanding of the potential civil fines resulting in a huge increase in false patent marking litigation. While the bulk of these litigations have been directed to physically marked products, a few cases have raised the issue of websites that mention patent rights.

This vPanel will address:

• Elements of the prima facie case for patent false marking on products and websites
• Current litigation issues and defenses
• Status of legislative efforts to curtail claims
• Strategies for patent marking going forward
• Drafting agreements involving patents to avoid false marking issues and liability

Ms. Schwartz regularly advises clients on a variety of intellectual property contract issues, a number of which directly relate to patent false marking. The discussion promises to provide real-world examples and current best practices for your consideration.