The False Patent Marking "Goldrush," and How to Steer Clear of Prospectors
Originally presented March 8, 2011

The Federal Circuit Court of Appeals' decision in Forest Group, Inc. v. Bon Tool Co. has created a new cottage industry for patent "trolls."

Don't let your university become one of their victims

The patent marking statute (35 U.S.C. § 292) has been around for years, but thanks to the recent Bon Tool decision, a new breed of patent trolls has built created a cottage industry going after unsuspecting patent holders with false patent marking claims - and you could be their next victim.

Ignoring this threat is not an option given the huge potential for damages, and many universities and companies are already on their heels trying to prevent or defend patent marking claims. The good news, however, is that you can educate yourself on this rising danger and take concrete steps now to protect your organization from what many are calling a "scourge" in the patent landscape.

Join us for a critical 90-minute program:

The False Patent Marking "Goldrush,"
and How to Steer Clear of Prospectors

You'll consult with intellectual property litigation expert Mindi Giftos, an attorney in the Madison office of Whyte Hirschboeck Dudek S.C. , who'll offer a wealth of best practices for avoiding and defending false patent marking claims.

Here's a quick look at the agenda:

1. False Patent Marking Claims
   • History and purpose of the False Marking Statute
   • Early construction
   • Forest Group, Inc. v. Bon Tool Co
2. Elements of the Claim
   • Intent to Deceive
   • Pleading Standard
3. Defenses
   • Early, unsuccessful defenses
   • Remaining defenses
   • FLFMC v. Wham-O, Inc. appeal
4. Potential Damages
5. Legislative Reform
6. Best Practices
   • Patent auditing and docketing systems
   • Removal of patent markings
   • Judicious use of patent markings
   • Risk shifting strategies

Your Expert Presenter:

Mindi Giftos is an attorney in the Madison office of Whyte Hirschboeck Dudek S.C. Her practice encompasses intellectual property, IP litigation and commercial litigation. Her expertise includes advising clients on comprehensive intellectual property protection, infringement, ownership and licensing.

Ms. Giftos specializes in trademarks, unfair competition, copyrights, domain names, trade secrets, anti-counterfeiting, defamation, publicity rights, and non-competition. In addition to her intellectual property expertise, Ms. Giftos is also involved in a broad range of commercial litigation matters.