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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),

[Oh, Crud]

Patented articles or products are required by law to be clearly marked as patented items by the patentee and other businesses involved in the marketing of the products. U.S. patent law says failure to properly mark patented products might result in an unsuccessful prosecution in the event of patent infringement.

Sorry, neither statement above is accurate.


EDIT- SCHITT, I'ma talkin' to a spam-bot.  The shame, that I - I - of all people, could be taken in by one of those soulless machines.  Woe is me.  Oh, the agony.

[MYK]

Patented articles or products are required by law to be clearly marked as patented items by the patentee and other businesses involved in the marketing of the products. U.S. patent law says failure to properly mark patented products might result in an unsuccessful prosecution in the event of patent infringement.

Sorry, neither statement above is accurate.


EDIT- SCHITT, I'ma talkin' to a spam-bot.  The shame, that I - I - of all people, could be taken in by one of those soulless machines.  Woe is me.  Oh, the agony.

dweeb!!!

[bleedingpen]

I am just LOLing at this thread.  Patent Attorneys are losing their focus (and sleep) in this month leading up to the AIA.

[Oh, Crud]

I am just LOLing at this thread.  Patent Attorneys are losing their focus (and sleep) in this month leading up to the AIA.

I think you're LOL-ing the wrong thread.  See UP-LOL's comment at this thread linked below.
http://www.intelproplaw.com/ip_forum/index.php/topic,24195.msg105535.html#msg105535