Federal Circuit Vacates False Marking Judgment, Affirms In Other Respects

(December 7, 2017, 3:52 PM EST) -- WASHINGTON, D.C. — A Florida federal judge’s rejection of allegations a patent owner failed to mark its products was vacated Dec. 7 by the Federal Circuit U.S. Court of Appeals, which found that although it is an accused infringer’s duty to produce evidence of unmarked products, it remains a patentee’s duty to prove that the products in question do not practice the patented invention (Arctic Cat Inc. v. Bombardier Recreational Products Inc., et al., No. 17-1475, Fed. Cir.)....

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