Florida Federal Judge Limits Damages In Win For Patent Defendant

Mealey's (August 13, 2018, 2:55 PM EDT) -- MIAMI — A patent owner’s interpretation of the false marking provision of Section 287(a) of the Patent Act, 35 U.S.C. § 287(a), “would run contrary to the statute’s purpose to prevent innocent infringement, encourage patentees to give notice to the public that the article in question is patented, and aid the public in identifying whether an article is patented,” a Florida federal judge ruled Aug. 10, granting a defendant summary judgment (Arctic Cat Inc. v. Bombardier Recreational Products Inc., No. 14-62369, S.D. Fla., 2018 U.S. Dist. LEXIS 134898)....