Patent Case Watch

Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest

Marking (§ 287)

Section 287 limits the damages a patentee may recover for the period before the infringer had notice. A patentee that makes or sells a patented article must mark it with the patent number, or with a web address giving that information, and failure to do so bars recovery until actual notice is given by charging the infringer with infringement. The requirement extends to licensees, which means a patentee must take reasonable steps to ensure they mark as well. It does not apply where only method claims are asserted. The opinions collected here address the burden of proof on marking, what constitutes actual notice, and the resulting limits on damages.

49 opinions and orders.