Frisina & Smith, LLC

The Court of Appeals for the Federal Circuit recently decided a false marking case brought against the Solo Cup Company (“Solo”).[1] False marking, as defined by statute, occurs when one labels an “unpatented article” as being under patent “for the purpose of deceiving the public.”[2] In such cases, any person may sue for the maximum of $500 for “every such offense,” of which the U.S. government would receive half.[3] Matthew A. Pequignot (“Pequignot”), a licensed patent attorney, brought such a claim against Solo for marking their plastic cup lids with patents that had expired.

Read the remainder of this entry »