AIA’s false marking retroactive provision is constitutional *

USA - January 31 2013
Addressing the American Invents Acts's (AIA's) impact on false marking, the U.S. Court of Appeals for the Federal Circuit found that Congress'…

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Continued employment is sufficient consideration for IP assignment agreements *

USA - August 30 2012
Addressing the issue of patent ownership in the employment context, the U.S. Court of Appeals for the Federal Circuit found that an employment contract executed after the employee began working for the employer operated to automatically assign the rights to two patents to the employer with no additional consideration other than continued employment.

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Rule 9(b) applies to false marking claims *

USA - May 30 2012
In denying an appellant’s motion for reconsideration, the U.S. Court of Appeals for the Federal Circuit found that the Leahy-Smith America Invents Act (AIA), which amended the false marking statute to retroactively eliminate the qui tam provision from the false marking statute, did not violate the Takings or Due Process Clauses of the United States Constitution.

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The hacker who avoided a false marking claim *

USA - May 28 2011
The U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s dismissal, with prejudice, of a false marking complaint, finding that the complaint failed to properly allege an “unpatented article” under 35 U.S.C. § 292.

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False marking claims must be pled with specificity as to intent *

USA - April 29 2011
The U.S. Court of Appeals for the Federal Circuit settled a split among the district courts when it held that false patent marking claims must be pled with particularity under Fed. R. of Civ. Pro. 9(b).

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