Trolling Along: Floodgates Continue to Open for Patent False Marking Claims

Posted on May 13, 2010 by John A. Rafter, Jr.

As reported previously (see Floodgates), there has been a wave of false patent marking lawsuits filed in recent months following the Federal Circuit ruling in Forest Group Inc. v. Bon Tool Co., 590 F.3d. 1295 (Fed. Cir. 2009), mostly by a new brand of patent troll. The Bon Tool case was sent back to the District Court for calculation of the "fine." On remand, the District Court found that the trial recrd established that Forest sold the falsely-marked S2 model stilts in a price range of $103 to $180 and then found that "the appropriate fine in this case is $180.00 per article, the highest point of the price range. This will deprive Forest of more than it received for the falsely-marked stilts, fulfilling the deterrent goal of § 292’s fine provision." Fortunately for Forest, the Court found that Forest only sold 38 falsely-marked stilts and thus imposed a fine of $6,840. To read the entire order, see Order (pdf).

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