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False Patent Marking: Litigation and Legislation (CRS Report for Congress)

A full-text PDF of the latest version is currently unavailable.
Release Date Revised Dec. 15, 2011
Report Number R41418
Report Type Report
Authors Brian T. Yeh, Legislative Attorney
Source Agency Congressional Research Service
Older Revisions
  • Premium   Revised Jan. 6, 2011 (11 pages, $24.95) add
  • Premium   Revised Oct. 20, 2010 (10 pages, $24.95) add
  • Premium   Sept. 20, 2010 (10 pages, $24.95) add
Summary:

This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future.
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