Brett Schatz presented to CBA IP Litigation Committee on Patent Marking - 02/23/2010

Brett Schatz presented to CBA IP Litigation Committee on the topic of Patent Marking on 2/23/2010.

"Patent Marking: How the General and IP Lawyer Can Advise Clients"

35 USCS § 287 Limitation on damages and other remedies; marking and notice

(a) Patentees....may give notice to the public that the same is patented, either by fixing thereon the word "patent" or the abbreviation "pat.", together with the number of the patent....
 
In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that the infringer was notified of the infringement...