Marking and Pre-Suit Damages: What Happens when a Failure to Mark Is Followed by a Period of Compliance with the Marking Statute?
Fish & Richardson Trademark & Copyright Thoughts
APRIL 26, 2022
This issue may arise when a non-practicing entity (NPE) purchases a patent that was previously owned by an operating company (or licensee) that practiced the patent but did not mark. Tolmar Inc. Defendant Tolmar filed a Rule 12(b)(6) motion seeking inter alia to dismiss two of the three patents asserted by Plaintiff Horatio.
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