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Justin E. Gray

IP Litigation Attorney at Foley & Lardner LLP

Former Adjunct Professor at Northwestern University School of Law

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Summary of False Marking Settlements May - December 2010

Based on information received from a Freedom of Information Act request, during the time period of May to December 2010, the U.S. Government has received payments from 112 false marking cases, with the payments to the government totaling approximately $3.4 million.  The median settlement is $50,000 and the mean is approximately $60,000.  The smallest settlement was $2000, and the largest was $350,000.  Only 18% of the settlements were greater than $100,000.  The following provides more detailed information:

Top Plaintiffs by Number of Settlements

  1. Patent Group LLC (23)
  2. Promote Innovation LLC (18)
  3. Patect LLC (12)
  4. Unique Product Solutions (10)
  5. Tex Pat (6)
  6. Patent Compliance Group (6)
  7. San Francisco Technology (4)
  8. Simonian (4)
  9. North Texas Patent Group (4)

Top Plaintiffs by Average Settlement Amount (minimum four cases settled)

  1. Simonian ($122,500)
  2. San Francisco Technology ($106,787.71)
  3. Promote Innovation LLC ($81,833.33)
  4. Patent Compliance Group ($68,166.67)
  5. Tex Pat ($71,750)
  6. Patent Group LLC ($43,346.71)
  7. Patect LLC ($42,645.83)
  8. Unique Product Solutions ($36,425)
  9. North Texas Patent Group ($30,625)

Thanks go out to Farella Braun + Martel LLP, and specifically Rod Thompson, James Morando, and Janel Thamkul for providing the raw data.

NOTE: Based on reader feedback, the author clarifies that the settlement numbers described above are meant to encompass the entire settlement amount for a case, not just the 50% that is sent to the U.S. Government.