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Justin E. Gray

Partner at Eversheds Sutherland (US) LLP

Former Adjunct Professor at Northwestern University School of Law

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False Marking - New Case Update

Since the Federal Circuit's decision in Forest Group, we have seen close to 1000 new false marking cases filed in district courts throughout the country.  But, since the BP Lubricants decision, there has been a sharp decline in the filing of new cases, as can be seen from the chart below, which tracks new case filings by month:

Over half of all post-Forest Group false marking cases have been filed in the Eastern District of Texas, as can be seen from the chart below that shows the number of cases filed in the most popular district courts:


And while many of the most prolific plaintiffs were quite active pre-BP Lubricants, most have been silent in new filings post-BP Lubricants.  The chart below shows the total number of cases filed by the top ten plaintiffs sorted by number of new case filings, and also shows the number of new cases each plaintiff has filed post-BP Lubricants.

All three of the above charts are current as of August 3, 2011.  Stay tuned for an update on false marking settlements.

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.