Issues pertaining to patent marking pervade such that we now have what some describe as 'patent marking trolls' due to the filing of qui tam suits at a blistering pace. While Congress is contemplating amending 35 U.S.C. � 292(b) to narrow who has standing to bring a false marking lawsuit and possibly limit the damages that can be awarded, for the time being there is no change in sight. A substantial number of these marking lawsuits target chemical, pharma, and biotech firms. This talk will discuss the current state of the patent marking provision in general and the unique issues that marking requirements present for chemical and pharmaceutical firms.

Marked! Rising risks of false marking: Reducing your exposure

240th National Meeting (2010)

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