Last week two district courts added clarity on what constitutes false patent marking in violation of 35 U.S.C. § 292.
It is Permissible to Mark Method Patents on Products:
The U.S. District Court for the Northern District of California dismissed a recent claim, ruling that producers could mark method patents on products without necessarily violating the statute. San Francisco Technology Inc. v. Elkay Plastics Company, Inc., 3-11-cv-00291 (CAND April 15, 2011, Order) (Alsup, J.).
Instruction Manuals and Website Markings NOT Covered by Statute: