Since the beginning of May 2010, we have seen 427 false marking cases settled. Of those cases, the average total settlement amount (including payments to plaintiffs and payments to the government) is approximately $48,500. This means that the government has received approximately $10,350,000 in payments from false marking cases, with an identical amount going to the various false marking plaintiffs.
Notably, the average settlement amount has gone down since the BP Lubricants decision. Prior to BP Lubricants, 222 false marking cases had settled for an average amount of approximately $53,300. Since BP Lubricants, 205 false marking cases have settled for an average amount of approximately $43,310. It is also noteworthy that the single largest false marking settlement ($2,000,000) occurred post-BP Lubricants. If we take this outlier out of the calculus, the average settlement post-BP Lubricants is approximately $33,700.
Below is a chart showing the trend of number of false marking settlements per month:
Below is a chart showing average settlement amounts tracked by month:
Finally, the chart below shows the top ten false marking plaintiffs by number of cases settled, and also shows the average settlement amount for each plaintiff:
All of the above charts and data are current as of August 3, 2011.
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.