Complying With the False Marking Statute to Avoid Claims
*** New Forest Group v. Bon Tool decision significantly raises the stakes ***

A live 90-minute CLE webinar/teleconference with interactive Q&A
Sponsored by the Legal Publishing Group of Strafford Publications
Thursday, March 18, 2010 ~ 1:00pm-2:30pm EDT
Price: $297

Please note: You will be taken to the Strafford website to complete your order.

This CLE seminar will examine how the Federal Circuit has expanded liability for mismarking patents. The panel will also discuss best practices for when and how to mark patented items and for minimizing the risk of liability.

Description

In its recent decision in Forest Group v. Bon Tool, the Federal Circuit Court of Appeals expanded patentee liability for mismarking patents. The Federal Circuit adopted a per article interpretation of “offense” creating the potential for significant damages.

Deciding whether or not to mark articles as patented and complying with the False Marking Statute are not cut and dried. False patent marking can occur under a variety of circumstances, and anyone may sue for the alleged mismarking of an unpatented item.

Since the Forest Group ruling, Bayer, Graco, BIC and others have been sued, and more suits are expected as plaintiffs seek to take advantage of the ruling. Companies and counsel must carefully weigh the costs and benefits of enforcing patents in deciding whether to mark the patented item.

Listen as our authoritative panel of patent attorneys examines the requirements for patent marking and recent court treatment of marking. The panel will discuss the analysis of whether to mark, how to mark, and how to minimize the risk of liability for false marking.

Outline

• Patent marking requirements
• Court treatment
  • Forest Group v. Bon Tool (Fed. Cir. 2009)
  • Matthew A. Pequignot v. Solo Cup Co. (E.D. Va. 2009)
• Patent marking
  • Determining whether to mark — considerations
  • How to mark
• Minimizing risk of liability for false marking

Benefits

The panel will review these and other key questions:

• What factors must be considered when determining whether to mark a patented item?
• How are the federal courts treating claims that allege false marking?
• What steps can companies and their counsel take to minimize and mitigate the risks associated with false marking?

Following the speaker presentations, you’ll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Nathan Cummings, Partner
Cooley Godward Kronish, Reston, Va.
He focuses on intellectual property litigation, with a particular emphasis on patent litigation. He counsels high-technology clients in all aspects of patent matters, including patent procurement, licensing, infringement, validity, enforceability and patent portfolio analysis.

Robert W. Unikel, Partner
Howrey, Chicago
He litigates complex patent cases, as well as cases involving trade secrets, trademarks, trade dress and other forms of intellectual property. He has successfully defended against claims of false patent marking under 35 U.S.C. §292; and has managed disputes involving various well-known trademarks and myriad trade dress implicating product and packaging designs and non-traditional source indicators.

Register Today!
Price covers an unlimited number of staff at your office location. Can’t participate in the live seminar? A CD of the full event proceedings, including Q&A and PDF files of all handouts, will be available 10 days after the seminar.

Continuing Legal Education
Continuing Legal Education credits are granted for an additional $65 per person. Please refer to the options on the order page to take advantage of these credits.

Please note: You will be taken to the
Strafford website to complete your order.