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>False Marking Suit Targets Activision

>A couple of weeks ago, Patent Compliance Group filed a qui tam action against Activision, alleging that Activision falsely marked Guitar Hero 5, Band Hero, DJ Hero and Guitar Hero Smash Hits with inapplicable patent numbers or improperly as ?Ç£patent pending.?Ç¥ This suit is one of a still-swelling movement of false patent marking suits following closely on the heels of the Federal Circuit?ÇÖs recent decision in Forest Group, Inc. v. Bon Tool Co., which held that damages for false patent marking should be calculated on a per article basis. This result has been that technology companies that sell large numbers of articles to consumers (e.g. video game companies) are at a high-risk of being targeted by one of these suits. A qui tam suit is actually brought on behalf of the U.S. government and provides for a fine of up to $500 for each improperly marked article. However, courts may… Continue Reading

March 2010
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