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"Patent Markings" Lawsuits Could Run Into the Trillions

Posted by kdawson on from the who-you-callin'-a-qui-tam dept.

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.

3 of 193 comments (clear)

  1. Copyrights by KC1P · · Score: 4, Interesting

    I wish (US) copyright law worked this way around ... right now there's essentially no risk in tacking on a questionable copyright notice.

  2. No by DigiShaman · · Score: 3, Interesting

    Sounds like a perfect opportunity for some enlightened appeals court to inject some sense into the debate. What do you think the chances are?

    Never going to happen.

    In the eyes of the Federal Gov, upholding patents and IPs are so important, it would be considered National Security to protect them. Seriously, what the hell does America have that's worth selling? Nothing except services and IP. We hardly manufacture anything anymore.

    --
    Life is not for the lazy.
  3. Yup, this is NOT an issue people by SmallFurryCreature · · Score: 5, Interesting

    This is simple a case of false advertising. The companies that are being sued labelled their products wrong. "Oh I forgot". Yeah, likely story. I see they did NOT forget to put the patent claim on the product. How odd is that eh?

    If it is going to cost the likes of Monster Cable a few millions or even bankrupt them to get false patent claims of products, then I am all for it, and the people bringing these cases making a fortune? Well sometimes the person who cleans up the system gets paid.

    Say that someone found a way to make serious money of prosecuting companies sending fake copyright take down notices, would we be against that as well? No.

    Sometimes you need to cheer on the slime to get rid of the scum.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.