Recently TPA has reported on a few false marking claims—two lawsuits brought by Public Patent Foundation against Sweet N' Low and a maker of dietary supplements, and a false marking claim by Juniper Networks against a computer hacker that appears to be retaliatory in nature (since the hacker in question, Peter Shipley, has sued Juniper for infringing his patents.)
But I've gotten emails about two other interesting cases brought by patent attorneys seeking to rack up damages based on mass-produced items that had wrong patent marks. Now AP reports on two of those cases and has interesting updates.
The attorney who brought a claim against Brooks Brothers bow tie had it thrown out by a New York judge who said that since there wasn't any actual harm done by the false marks, the suit had no merit. But on May 29, the government intervened on the side of the patent attorney plaintiff, and is asking for the judge's ruling to be overturned.
In the case of D.C. patent lawyer Matthew Pequignot, we learn that he has demanded $9 million from Solo Cup Company for stamping its plastic coffee cup lids with an expired patent. Solo Cup's lawyers have said the company will defend itself in court. More on the Pequignot lawsuit from Law.com.
Pequignot has also sued Procter & Gamble over a Gillette product and Arrow Fastener Company. The case against Arrow has been withdrawn.
Photo: flickr / iirraa