Matthew Dowd & Robert Scheffel co-author article published in Lexicology about company-held patents
Lexology published an article entitled “Federal Circuit holds the monetary fine of false marking statute applies to each article falsely marked,” co-authored by Matthew Dowd, Robert Scheffel and Floyd Chapman. The article discusses the issues in Forest Group, Inc. v. Bon Tool Co and the Federal Circuit’s holding in the case. It also warns companies of actions it should take because the potential impacts the holding may have in the area of marking patented products, including reviewing current products to ensure that any markings comply with the law, and marking sure the patented status of all products marked patented are current and accurate. The article also warns that additional qui tam lawsuits should be expected for the policing of false marking.