Today, the Federal Circuit held oral argument in the FLFMC, LLC v. Wham-O, Inc. false marking litigation, where Wham-O has challenged the constitutionality of the false marking statute, 35 U.S.C. § 292(b). Judge Linn, Judge Dyk, and Judge Prost sat on the panel. The oral argument itself (available as an mp3 file from the Federal Circuit) can be listened to here.
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.