Fed. Circ. 4Q Rulings May Trigger More Suits

“The U.S. Court of Appeals for the Federal Circuit has handed down key rulings over the false patent marking statute and the declaratory judgment jurisdiction standard that could lead to a surge in litigation, according to intellectual property attorneys.”

“The appeals court also made use of the last quarter of 2009 to expand on damages awards in patent litigation and clarify that advertisements can be used as ammunition to invalidate patents.”

“The Federal Circuit’s decisions has mobilized some firms, like Howrey LLP, to put together a task force to assess and defend against false patent marking suits.”