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[jdd0961]

Does anyone know if there is some case law regarding patent marking on related products.  Specifically, some of the related products do not have markings?

Thanks so much in advance!!!!!

[bleedingpen]

I am really not sure what you are asking, but keep in mind that the AIA is going to significantly change the rules for marking.

[Uri Cohen]

Do you know when this changes will happen?

[petethebody]

Do you know when this changes will happen?

http://www.uspto.gov/aia_implementation/aia-effective-dates.pdf

Already happened - September 16, 2011.  AIA Section 12 "The amendment made by this subsection shall apply to any case that is pending on, or commenced on or after that date of enactment of this Act"  Consequently, if your case was pending on that date, or started subsequent to that date, virtual marking applies.

Also, remember that the marking provision is actually a punishment provision.  You lose the ability to collect past damages IF you made a product under the patent AND you failed to put the patent number on it.  35 USC 287.

However, I believe marking only applies to product claims, not process claims.  Bandag, Inc. v. Gerrard Tire Co., Inc., 704 F.2d 1578, 1581 (Fed. Cir. 1983),