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"Patent Markings" Lawsuits Could Run Into the Trillions
bizwriter writes "The latest legal bugaboo facing manufacturers is the false patent marking suit. Using what has been until recently an obscure type of legal action, individuals and enterprising law firms have targeted large manufacturers with lawsuits that can easily run million of dollars — in a case involving a drink cup manufacturer, over $10 trillion — for incorrectly including patent numbers on products. Some companies named in such suits are 3M, Cisco, Pfizer, Monster Cable, and Merck. Even expired patent numbers can be actionable." Sounds like a perfect opportunity for some enlightened appeals court to inject some sense into the debate. What do you think the chances are? Note: if ever there were a page that cries out for the Readability bookmarklet, this is it.
Yes but judges can create precedent by presenting a finding where existing law is vague. The legislature can respond to that by further legislation. Judges can also find laws to be unconstitutional, and these rulings might require passage of an amendment to overcome.
You hear a lot about "legislating from the bench" but this is part of the job. Judges are supposed to "legislate" by filling in gaps as cases present themselves which might have no clear precedent or no clear interpretation within existing law. (The legislature certainly can't be expected to think of everything.) And judges of both persuations do it, as they are supposed to.
The catch is, they're supposed to do it well. When you're nominating or confirming judges, and you absorb yourself with fetish issues like abortion or gun rights, you can end up with the sort of foolish judiciary we have today.
McFact No. 9. McDonalds wouldn't make their coffee that hot if people didn't want it that hot. If its hotter than other restaurants, presumably that is their competitive advantage.
This came up in the trial. Managers were encouraged to turn the heat up because the ultra-hot coffee wouldn't cool down enough for the customers to cash in on the free refill unless they loitered long after they'd finished eating the food they'd ordered.