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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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Decrease in New False Marking Cases Filed Post In re BP Lubricants

New false marking case filings have appeared to drop dramatically since the Federal Circuit's March 15, 2011 In re BP Lubricants decision.  This is evidenced by the fact that from March 16th through March 30th, the two week period directly following the BP Lubricants decision, only 9 new false marking cases have been filed.  This can be compared to prior two week periods from 2011:

  • 48 new cases filed March 1st through March 15th
  • 54 new cases filed February 15th through February 28th
  • 36 new cases filed February 1st through February 14th
  • 42 new cases filed January 16th through January 31st
  • 20 new cases filed January 1st through January 15th

Gray on Claims, in conjunction with Docket Navigator®, is providing a false marking chart that is updated daily with new false marking cases as well as status updates on pending cases.  A downloadable PDF chart is available on this page as well including information on the specific patents and products at issue in each litigation.  Gray on Claims is also providing information on false marking settlements.  Other writings on false marking can be found here.