Panel: Failure To Mark Sinks Pre-Complaint Patent Damages Request

Mealey's (February 20, 2020, 2:13 PM EST) -- WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Feb. 19 agreed with a Florida federal judge that the false marking provision of Section 287(a) of the Patent Act, 35 U.S.C. § 287(a), “continues to limit damages after a patentee or licensee ceases sales of unmarked products” (Arctic Cat Inc. v. Bombardier Recreational Products Inc., et al., No. 19-1080, Fed. Cir., 2020 U.S. App. LEXIS 5023)....