Staunching the Flood
The Federal Circuit's ruling in Pequignot v. Solo Cup Co. is amajor defeat for those bringing false patent marking suits, experts agree. The ruling makes ...
August 19, 2010 at 08:00 PM
4 minute read
The Federal Circuit's ruling in Pequignot v. Solo Cup Co. is a
major defeat for those bringing false patent marking suits, experts agree. The ruling makes it significantly more costly, time-consuming and difficult for relators to win these actions. But whether it will staunch the recent flood of false marking suits is open to debate. “It will slow it down a lot,” says Edmund Walsh, a shareholder at Wolf, Greenfield & Sacks.
But other experts disagree, noting that there's still a powerful incentive for individuals to file these lawsuits. Relators still have “some hope they could get a high-dollar-per-article damage recovery in a case which, compared with a patent infringement suit, is not much work,” says Thad Kodish, a principal at
Fish & Richardson.
The Federal Circuit's ruling in Pequignot v. Solo Cup Co. is a
major defeat for those bringing false patent marking suits, experts agree. The ruling makes it significantly more costly, time-consuming and difficult for relators to win these actions. But whether it will staunch the recent flood of false marking suits is open to debate. “It will slow it down a lot,” says Edmund Walsh, a shareholder at
But other experts disagree, noting that there's still a powerful incentive for individuals to file these lawsuits. Relators still have “some hope they could get a high-dollar-per-article damage recovery in a case which, compared with a patent infringement suit, is not much work,” says Thad Kodish, a principal at
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