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marking trolls

Not A Key To Riches

As readers should have discerned from our previous blog entries on the subject, we strongly disapprove of the recent deluge of lawsuits brought under 35 U.S.C. §292, the so-called “false marking statute.” It is, therefore, with great pleasure that we report on a district court decision finding this statute to be unconstitutional. (Unique Product Solutions, Ltd. v. Hy-Grade Valve, Inc.) On a further happy note, we present some startling, and gratifying, statistics compiled by the fine folks at Mayer Brown LLP.

The End of a Plague

In the course of our extensive coverage of the spreading plague of patent false-marking suits, we opined that the courts were likely to focus on “standing” – or the lack thereof – as a means of reining in runaway trolls. Well, we were right. (Shizzle Pop, LLC v. Aviva Sports, Inc. et al. and United States of America, et al. v. WHAM-O, Inc.) (Yes, folks, a TWOFER.)

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