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[DogDayPM 9er9er9er]

Thought I'd use this grand occasion to brighten the day of Robert K.S.  He getting his wish that patent marking be more strictly enforced.
Sorry, it's kind of a longish list... ...nearly 500.  The majority are for failing to remove expired patent numbers.  Some of the patents expired years and years ago.  Others only expired a couple of months before the suits were filed.

Aluma-Form, Inc.
Schering Corporation
Merck & Co, Inc.
CIMA Labs, Inc.
Roche Diagnostics Corporation
Roche Diagnostics Operations, Inc.
Praxair, Inc.
Xylos Corporation
Lohmann & Raucscher, Inc.
Lohmann & Rauscher GmBH and Col, KG
Koninklijke Philips Electronics N.V
Philips Electronics North America Corp.
Philips Healthcare
Respironics, Inc.
LVB Acquisition, Inc.
LVB Acquisition Holding, LLC
Biomet Inc.
Biomet Orthopedics, LLC, f/k/a Biomet Orthopedics, Inc.
Medline Holdings, Inc.
Medline Industries, Inc.
Medline Manufacturing and services LLC
3M Company
3M Purification Inc., f/k/a/ Cuno incorporated
Cuno engineered Products, Inc.
Greenlee Textron, Inc.
Textron, Inc.
Bristol-Myers Squibb
SkinMedica, Inc.
Bayer HealthCare Pharmaceuticals, Inc.
Pfizer, Inc.
Pharmacia & Upjohn Company, Inc.
Celgene Corporation
Gloucester Pharmaceuticals, Inc.
Flex Rest, Inc.
Flex Rest, LLC
Abbott Laboratories, Inc.
Takeda Pharmaceutical Company Limited
Intendis, Inc.
Braxton McNaughton
DIRECTV
DIRECTV Holdings, LLC
DIRECTV, Inc.
The DIRECTV Group, Inc.
Hubbell Incorporated
Hubbell Power Systems, Inc.
MacLean-Fogg Company
MacLean Power Systems, LP
Bestmed, LLC
Sprint Nextel Corp
Cellco Partnership (Verizon)
Samsung TeleCommunications America, LLC
Sprint Spectrum, LP
Woodstream Corporation
Water Sports, LLC
Cedar Works, LLC
Central Garden & Pet Company
Pennington Seed, Inc.
Leviton Manufacturing Co., Inc.
Medtronic, Inc.
Zodiac Pool Systems, Inc.
Bon Aqua International, Inc.,
Aqua Dyne Inc.,
Constance C. Lowenstein,
Gerald H. Lowenstein
Tippmann Sports, LLC
Poolmaster, Inc.
Manhattan Group, LLC d/b/a Manhattan Toy
Automoblox Company, LLC
NeuroGenesis, Inc.
The Hain Celestial Group, Inc.
Aetrex Worldwide
Honeywell International, Inc.
Littelfuse, Inc.,
Catalina Performance Accessories, Inc.
Regatta AS,
Datrex, Inc.
Otis Products, Inc.
Muzzy Products Corp.
Winfield Consumer Products, Inc.
Eagle Eyes Optics
Helen of Troy Limited, LP
Amscan Holdings, Inc.
Amscan, Inc.
Anagram International, Inc.
Betallic, LLC
Flowers, Inc.
University Medical Pharmaceuticals Corporation
Husky Corporation
Clorox Company
Hanesbrands, Inc.
Hastings Fiber Glass Products, Inc.
L’Oreal USA, Inc.
Aqua Flora, Inc.
King Bio, Inc.
Nuance Communications, Inc.
Syngenta Corp Protection, Inc.
Syngenta AG
Syngenta Corporation
E.I. du Pont De Nemours & Company
Country Life, LLC
Country Life Manufacturing, LLC
Natural Organics Advertising, Inc.
Natural Organics, Inc.
Natural Organics Laboratories, Inc.
Natural Organics Services, Inc.
Quapaw Tribe of Oklahoma
American Towbow, Inc.
Norgren Automation Solutions, Inc.
Trim-Tex Inc.
Factor Nutrition Labs, LLC
Vital Basics, Inc.
Walgreen Co.
Elizabeth Arden, Inc.
Vitamin Shoppe, Inc.
CYC Engineering, Inc.
Bridgeway Enterprices, Inc.
TriMedica International, Inc.
Palo Alto Labs, Inc.
Nutrex Corporation
Vitamin Shoppe Inc
Intelligent Products Inc.
Mutt Mitt, Inc.
Acushnet Company d/b/a Pinnacle, Titleist, and Footjoy
Nautilus, Inc.
Arthur Middleton Capital Holdings
Universal Syndications, Inc., dba Universal Media Syndicate
Heat Surge, LLC
Macho Products, Inc.
WM. Wrigley Jr. Company
Kraft Foods, Inc.
Georgia Pacific Corporation
Tetra Holding (US), Inc
Spectrum Brands, Inc.
The Procter & Gamble Company
The Procter & Gamble Manufacturing Company
Procter & Gamble Distributing LLC
The Stikkiworks Company
Scotts Miracle-Gro Company
L’Oreal USA, Inc.
Becker Underwood, Inc.
Woodstock International, Inc.
Morning Glory Products, Inc.
Techtronic Industries North America, Inc.
Ryobi Limited
GlaxoSmithKline Consumer Healthcare, LP
GlaxoSmithKline LLC
Oakley, Inc.
Goody Products, Inc.
Procter & Gamble Company
Cumberland Packing Corp
Wham-O, Inc
Nisus Corporation
VCode Holdings, Inc.
Veritec, Inc.
Easy Gardner, Inc.
Easy Gardner Producs, Inc.
Pfizer, Inc.
Fort Dodge Animal Health, Inc.
Wyeth, Inc.
Wyeth Consumer Healthcare, Inc.
Easy Gardner Products, Inc.
Vaughan and Bushnell Manufacturing Co.
M.E. Heuck Co.
Kness Mfg. Co. Inc.
Orbit Irrigation Products, Inc.
G. T. Water Products, Inc.
Summit Chemical Company
Johnson & Johnson Consumer Companies, Inc.
Koehn Marketing, Inc.
Exclusive Imports, Inc.
Laurel Klammern GmbH
Fisher-Price, Inc.
Mattel, Inc.
Champion Discs, Inc.
Circular Productions, LLC
Perfect Pushup, LLC
S.C. Johnson & Son, Inc.
L’Oreal USA Creative, Inc.
L’Oreal USA, Inc.
Maybelline LLC
Maybelline New York
Behringer Commercial Offshore De Macau Limitida
Behringer Holdings (PTE) Ltd.
Behringer International GmbH
Behringer Luxembourg Sarl
Behringer USA, Inc.
Music Group Ltd
Red Chip Company Ltd
Revlon Consumer Products, Corp.
Revlon, Inc.
The Proctor & Gamble Company
Roller Derby Skate Corp.
The R.A. Allen Company, Inc.
Allergan, Inc.
Little Kids, Inc.
Hanby Environmental Laboratory Procedures
Ames True Temper, Inc.
Copper-Brite, Incorporated
(Sorry, had to break for over-length)

[DogDayPM 9er9er9er]

(and some more here)
D Unique Tools, Inc.
Easy Gardener Products, Inc.
Frabill, Inc.
Gayla Industries, Inc.
King Bros. Inc.
Mag Instrument, Inc.
Master Lock Company LLC
Oatey Co.
Peace Industries, Ltd. d/b/a Ace Fastener Company
Scientific-Atlanta, LLC
Procter & Gamble Company
Procter & Gamble Manufacturing Company
Procter & Gamble Distributing, LLC
P.F. Harris Manufacturing Company, LLC
Bausch & Lomb, Inc.
Bayer Aktiengescellschaft Corporation d/b/a Bayer AG
Bayer Corporation
Bayer Healthcare, LLC
Bayer Healthcare Pharmaceuticals
GlaxoSmithKline Healthcare, LP
GlaxoSmithKline LLC
Novartis Pharmaceuticals Corporation
Novartis Animal Health US, Inc.
Novartis Opthamics, Inc.
Alcon Laboratories, Inc.
Nestle USA, Inc.
Bon Aqua International, Inc.
Aqua Dyne Inc.
Constance C. Lowenstein
Gerald H. Lowenstein
US Energy and Lighting Solutions
Venom Manufacturing & Distributing Company, Inc. d/b/a Venom Lures
Proctor & Gamble Company
Proctor & Gamble Distributing LLC
Proctor & Gamble Manufacturing, Co.
Aviva Sports, Inc.
Otter Tail Corporation
Magna International Inc.
Magna Mirrors of America, Inc.
Conair Corporation
Takeda Pharmaceuticals America, Inc.
EISAI Inc.
Bristol-Myers Squibb Company
Ranbaxy Laboratories Inc.
WHAM-O, Inc.
TFH Publications, Inc.
William Bounds, Ltd.
Ortho-McNeil Pharmaceutical, LLC
Regal Ware, Inc.
Saladmaster, Inc.
The First Years, Inc.
Learning Curve Brands, Inc.
RC2 Corporation
Revlon, Inc.
Revlon Consumer Products Corporation
McNeil-PPC, Inc.
Ledalite Architectural Products
Superfeet Worldwide, Inc.
Onkyo USA Corporation
Industrial Revolution, Inc.
Alden Corporation
Aerobie, Inc.
Velan, Inc.
Proctor & Gamble Company
Proctor & Gamble Manufacturing Company
Merck & Co., Inc.
Bausch & Lomb Incorporated
Sanofi-Aventis US LLC
Toshiba Corporation
Toshiba America, Inc.
Toshiba America Consumer Products, LLC
Sony Corporation
Sony Electronics, Inc.
Philips Electronics North America Corp.
Memorex Products, Inc.
Lenovo Group, LTD
Koninklijke Philips Electronics NV
Imation Corporation
Audiovox Corporation
Acer, Inc.
Acer America Corporation
Epic Advertising, Inc.
Neverblue Media, Inc.
Jesse David Willms
1021018 Alberta Ltd.
Farend Services Limited
AtLast Holdings, Inc. d/b/a AtLast Fulfillment
Floyd Rose Guitars
Floyd Rose Marketing, Inc.
Floyd D. Rose
Environmental Instruments, LLC
Graphic Packaging International, Inc.
Church & Dwight Co., Inc.
Patent Compliance Group, Inc.
Lutron Electronics Co., Inc.
The Clorox Company
The Glad Products Company
Glad manufacturing Company
Medela, Inc.
Maybelline, LLC
Fujifilm Corporation
Fujifilm Holdings America Corporation
Fujifilm North America Corporation
Fujifilm Manufacturing U.S.A., Inc.
The Proctor & Gamble Co.
Axcan Scandipharm, Inc.
Astellas Pharma US, Inc.
Amgen, Inc.
Abbott Laboratories
Allergan, Inc.
Bausch and Lomb, Inc.
Baxter Healthcare Corp.
Adobe Systems, Inc
United Parcel Service, Inc.
United Parcel Service of America, Inc.
United Parcel Service Co.
The Glad Products Co.
 Bajer Design & Marketing, Inc.
 Bayer Corp.
 Bright Image Corp.
Church & Dwight Co. Inc. Colgate-Palmolive Co. Combe Inc.
The Dial Corp.
Exergen Corp. GlaxoSmithKline LLC
Hi-Tech Pharmacal Co., Inc.
Johnson Products Co. Inc.
Maybelline LLC
McNeil-PPC Inc.
Medtech Products Inc.
Playtex Products Inc.
Reckitt Benckiser Inc.
Roche Diagnostics Corp.
SoftSheen-Carson LLC
Sun Products Corp.
Sunstar Americas Inc.
Gravity Defyer, Corp.
Gravity Defyer, Inc.
Strong Ideas Corp.
Phillips Screw Company

[DogDayPM 9er9er9er]

(and the last bit here...)

Phillips Fasteners LLC
Leapfrog Enterprises, Inc.
Snap-On Incorporated
Cooper Industries, Inc.
Playtex Products, Inc.
Arrow Fastener Company, Inc.
Allway Tools Inc
American Safety Razor Company LLC
Homer TLC, Inc.
Exergen Corporation
Costco Wholesale Corporation
Procter & Gamble Distributing LLC
Procter & Gamble Distributing Company
Procter & Gamble Manufacturing, Co.
Procter & Gamble Company
Zircon Corporation
The Stanley Works
Bose Corporation
WHAM-O, Inc.
Nylabone Products
Dyson, Inc.
Ortho-McNeil-Janssen Pharmaceuticals, Inc.
B. Braun Medical, Inc
Lyman Products Corp.
InterDesign, Inc.
North States Industries
International E-Z Up, Inc.
Avid Identification System, Inc.
L'Oreal USA Creative, Inc. L'Oreal USA, Inc.
The Proctor & Gamble Co.
Kaz, Inc.
Kaz USA, Inc.
Bacterin International, Inc.
Global Instruments, Ltd.
Global TV Concepts, Ltd.
Tru Fire Corp.
Darex, LLC
Merck and Co. Inc
Schering-Plough Healthcare Prod, Inc.
Cisco Systems, Inc.
Novartis Pharmaceuticals Corp.
Advanced Vision Research, Inc.
Pella Corporation
3M Company
BP Lubricants USA, Inc
The Quigley Corp.
Irwin Industrial Tool Co.
Edgecraft, Corp.
Novartis Animal Health US, Inc.
Novartis Consumer Health, Inc.
Monster Cable Products, Inc.
The Quigley Co.
Novartis Consumer Health, Inc.
Solstice International Partners, LLC
Mandura, LLC
Casey Yarbrough
Daniel Montgomery
Aubree Holmes
Stephen Spratley
Wendy Morgan
Ed Ananian
Larry Walker
Chris Gopalan
David Lee Kirtley
Imagenetix, Inc.
Roche Diagnostics Corp.
Pfizer, Inc
Blistex, Inc.
CIBA Vision Corp.
Bunn-o-matic Corp.
Hunter Fan Co.
Kimberly-Clark Corp.
Kimberly-Clark Global Sales, LLC
Merial LLC
Merial, Inc.
Mead Westvaco Corp.
Weber-Stephen Products Co.
Oreck Corp.
Oreck Direct, LLC
Oreck Homecare, LLC
Fiskars Brands, Inc.
Ranbaxy Laboratories Inc.
Proctor & Gamble Co.
Wal-Mart Stores, Inc.
Target Stores, Inc.
 Morningware, Inc.
 Century Martial Art Supply. LLC
Amazon.com, Inc.
Able Planet, Inc.
Hunter Fan Co.
Stanley Works
Lexmark Intel
Seatle Inc.
The Stanley Works
Tweezerman International
Nutro Products, Inc.
S&M NuTec., LLC
Johnson & Son Inc.
Energizer Holdings, Inc.
Cabela's Inc.
Ross Glove Co.
Timex Group USA Inc.
Evercare Co.
ACE Hardware Corporation
Ohio Art Company
EBSCO Industries, Inc.,
Plastics Research and Development Corporation
Sigma-Aldrich Corporation
Affymetrix, Inc.
Life Technologies Corporation
Federal-Mogul
Timex Group USA Inc.
Brunswick Corporation
Activision Publishing
Wright Medical Tech.
Clorox
Brita
Leviton Manufacturing Co., Inc.
S.C. Johnson & Son, Inc.
Energizer Holdings, Inc.
Etymotic Research, Inc.
Bright Image Corporation
Environmental Robots, Inc.
Zinsser Co., Inc.
EUSA Pharma
Cherokee Nation Entertainment, LLC
Cherokee Nation Enterprises, LLC
Meeks Lithographing Company
Hammerhead International, Inc.
Timex Group USA, Inc.
Mag Instrument Inc.
Crayola
Hallmark
Hospira
Akzenta Paneele + Profile GmbH
W. Classen GmbH & Co. KG
Bayer Healthcare
Adobe Sys. Inc.
The Brita Prods. Co.
Delta Faucet Co.
Evans Mfg., Inc.
The Evercare Co.
Graphic Pkg. Int'l, Inc.
Magnum Research, Inc.
Pavestone Co.
The Proctor & Gamble Co.
S.C. Johnson & Son, Inc.
Spectrum Brands, Inc.
Super Swim Corp.
Unilock, Inc.
West Coast Chain Mfg. Co.
Cutco Corporation
MTD Products
BIC Corp.
BIC USA, Inc.
Fu Jian Quanyu Industry Co., Ltd.
William K. Walthers, Inc.

[Robert K S]

Ooh, where'd you find this?

[DogDayPM 9er9er9er]

Ooh, where'd you find this?

Justin Gray who's at Foley,Lardner (link below) keeps a web page on it that you can either copy or download as a pdf.
http://www.grayonclaims.com/false-marking-case-information

And Dan Boehnen at mbhb have a tracking page with a lot of information too, at link below.  The mbhb link also has a fair bit of info on the appellate cases including much of the pleadings.
http://www.falsemarking.net/

For a while both of these guys were trying to keep up with complaints and pleadings, etc., but in a lot of cases their links to such are now expired or broken.

[bleedingpen]

I wonder how many of these cases have patent attorneys without enough real billable work as plaintiffs?

[DogDayPM 9er9er9er]

I wonder how many of these cases have patent attorneys without enough real billable work as plaintiffs?

The vast majority of these appear to be attorneys (both general and patent) suing on behalf of themselves or through a front, and suing on the basis of expired patents.  Many of the "Plaintiffs" in these cases are newly-formed LLC's having a listed business address which is the same as a patent or general legal firm. 

There are also a lot of cases filed in the name of a natural person, but I suspect most of these are actually instigated by a lawyer who arranged a deal with someone they knew to be the plaintiff.  The most prolific named plaintiff is a natural person, Thomas Simonian, who's got 40 cases.  But it appears he may be a front for a consortium funded by 3 Chicago law firms (2 general, 1 patent).  That group of law firms also filed a few others in the name of another natural person instead of Simonian.  The defendants were Chicago-based companies so that makes me wonder if Simonian (Chi-area local) had some connection to those companies and didn't want to be named.

[bleedingpen]

I wonder how many of these cases have patent attorneys without enough real billable work as plaintiffs?

The vast majority of these appear to be attorneys (both general and patent) suing on behalf of themselves or through a front, and suing on the basis of expired patents.  Many of the "Plaintiffs" in these cases are newly-formed LLC's having a listed business address which is the same as a patent or general legal firm. 

There are also a lot of cases filed in the name of a natural person, but I suspect most of these are actually instigated by a lawyer who arranged a deal with someone they knew to be the plaintiff.  The most prolific named plaintiff is a natural person, Thomas Simonian, who's got 40 cases.  But it appears he may be a front for a consortium funded by 3 Chicago law firms (2 general, 1 patent).  That group of law firms also filed a few others in the name of another natural person instead of Simonian.  The defendants were Chicago-based companies so that makes me wonder if Simonian (Chi-area local) had some connection to those companies and didn't want to be named.

As I suspected. 

I believe after the CAFC opinion in Solo Cup that it will be difficult for someone to get a multi-million dollar judgment for false marking.  I believe a lot of these attorneys are wasting their time.

[Yak]

In case anyone missed this article in the WSJ yesterday...

http://online.wsj.com/article/SB10001424052748703467004575463843289453872.html?mod=WSJ_hps_LEFTWhatsNews

and a blog post by the same author that day...

http://blogs.wsj.com/law/2010/09/01/will-anything-stem-the-pending-flood-of-patent-marking-suits/

[MYK]

I've got a false marking suit to file!  Expired six years ago!!!  Still marked on the merchandise I bought last month!  I has been dee-ceeved.

I don't see it as qualifying under "trade dress", either, since the patent number is buried on the back end of the item.  I would have never noticed it if I weren't a patent geek.

As a mere lowly law student, am I permitted to file pro se, or perhaps even under my "senior law student" temporary license?  Or must I find a real barred attorney to steal the glory and 40% of the payoff assist me in this matter?





Actually, I'm thinking of calling the manufacturer on Monday, warning them about the risk they're running, and asking if they'll throw me a few pieces of merchandise in exchange for having warned them of the danger.   Their #*@& is #*%!ing expensive too.

[MYK]

P.S. -- hey Mr. "999", *what* thousandth post?!?!?? 

[DogDayPM 9er9er9er]

I've got a false marking suit to file!  ... I don't see it as qualifying under "trade dress", either, since the patent number is buried on the back end of the item.  I would have never noticed it if I weren't a patent geek.  As a mere lowly law student, am I permitted to file pro se,

P.S. -- hey Mr. "999", *what* thousandth post?!?!?? 

I don't know why you wouldn't be permitted to file pro se.  Some things I guess counsel could help you with include how to formulate your discovery requests for maximum business disruption to the defendant, and that unanswered question of how do you get the USAG's office to sign off on any settlement between you and the defendant and agree formally that such extinguishes the gov'ts interests/claims as against that product and its marking to date.  But that's only if you need to get that far.  There are some 750 example complaints out there for you to use as samples to get ya started....  ...If you went the other route (calling), let us know how that turned out!

Speaking of trade dress, here's one that I view as being a real doozy in the world of false patent marking suits.  An LLC owned by a patent law firm sued an outdoorsy clothing retailer for using "US Patent 150,883" in conjunction with its clothing line.  The 130+ year old patent (granted in 1874) relates to a fly fishing rig and is used as a brand name on an entire line of outdoor apparel/clothing and accessories.  Over 2 pages of the complaint were dedicated to listing the quite varied types of clothing etc. sold under the offending brand.  The company website describes the historical significance of the patent as: "In 1874 Charles Orvis received a patent on a new design in fly reels. Patent Number 150,883 is now regarded as a milestone in American fishing tackle history. The 1874 reel was in some ways a major break with previous reel design...."


Please someone explain how to argue effectively that the public is intentionally deceived by this trade-dress type use?  Guess I'll never make a litigator...


Oh, as for post 1000, it has proven to be slippery and hard to catch, despite hundreds of attempts. 


Other fun recent false marking suits include the handful I've read where the false marking relates to what took me ca. 20 seconds (searching by assignee name) to realize were either simple number transpositions or 1-digit typographical errors.  Does a plaintiff in a case like this have an actual belief that there is any possible way to get a judgment?  (That is to say, be able to prove that a simple transposition on an otherwise applicable patent # was done intentionally to deceive the public of... of what?)  If not, could it be viewed as an abuse to file anyway, if they the suits are only filed in hopes that the defendant will settle for some nuisance value approximating the cost (counting business disruption) of getting the thing tossed?

[MYK]

I've got a false marking suit to file!  ... I don't see it as qualifying under "trade dress", either, since the patent number is buried on the back end of the item.  I would have never noticed it if I weren't a patent geek.  As a mere lowly law student, am I permitted to file pro se,

P.S. -- hey Mr. "999", *what* thousandth post?!?!?? 

I don't know why you wouldn't be permitted to file pro se.  Some things I guess counsel could help you with include how to formulate your discovery requests for maximum business disruption to the defendant, and that unanswered question of how do you get the USAG's office to sign off on any settlement between you and the defendant and agree formally that such extinguishes the gov'ts interests/claims as against that product and its marking to date.  But that's only if you need to get that far.  There are some 750 example complaints out there for you to use as samples to get ya started....  ...If you went the other route (calling), let us know how that turned out!

I came up with a spiffy letter.  "Although I am not filing suit or asking for monetary damages at this time, a brand-new green _________ with carbon-fiber _____ would be a welcome present to find underneath my Thanksgiving turkey."  Worst they could do is tell me to stuff it.  The turkey, I mean.

Other fun recent false marking suits include the handful I've read where the false marking relates to what took me ca. 20 seconds (searching by assignee name) to realize were either simple number transpositions or 1-digit typographical errors.

Wow, I can sue for that too?  You mean my new paring knife might not really have anything to do with an improved motor oil composition?

[MYK]

In Petethebody's related thread, it was mentioned that someone recently lost a false-marking suit.  The box for the product had a phrase along the lines of "and other patents".  The court found that since Ciba Vision had other patents that might cover the product, this was not a false marking.

So, how do the courts deal with "patent pending" markings?  There are lots of products flooding into the U.S. that are so marked, but which look like they're strictly prior-art stuff (saw one on a squirt gun the other day -- not one of the newer high-tech types, just a cheap dollar-store one).  After all, a patent *could* be pending, and it would be difficult to find out.  Under the new rules in ND-IL (among other major patent litigation venues), you have to plead with specificity -- hard to do without having done any discovery.

[petethebody]

Actually, the district court got that one blatantly wrong.  In Solo Cup, the Fed Cir held that "covered by one or more of the following patents" where some were expired and some were not was still a false marking.  They talked extensively about that one and said that they would err on the side of it being legally a false marking; in essence, they did not want to close the courtroom doors to people who may have legitimate claims (imagine listing 10 patents that never applied, but one that does). 

However, defendant could still prove no deceptive intent.  Remember, defendant bears the burden after the plaintiff proves defendant knew the mark was false under Solo Cup and Stauffer.