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Farewell, False Markings

It has been, for many large companies, a nightmare. Since the Federal Circuit handed down its December 2009 ruling in Forest Group Inc. v. Bon Tool Co., hundreds of businesses throughout the nation, in all industries, have been sued for false patent marking. These companies—including Gillette, Solo Cup, Brooks Brothers and Target—faced potentially staggering fines, sometimes running into trillions of dollars.

The vast majority of false marking suits were filed by speculators hoping to reap large financial rewards. But they can no longer bring or maintain these suits, thanks to the America Invents Act.

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