Monday, March 8, 2010
Court imposes penalty against a party who indicated it's product was patented, when the party knew that it was not.
In a recent case, The Forest Group, Inc. v. Bon Tool Co., 2009-1044 (Fed. Cir. Dec 28, 2009), the Federal Circuit held that each article or product that is falsely marked, stating that it is patented when it is not, is subject to a fine of $500 per falsely marked article or product, under the statute 35 U.S.C. section 292.