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Intellectual Property Law

: Two-Seventy-One Patent Blog

Legislation Introduced to Curb False Marking Claims

By Peter Zura

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Congressman Bob Latta (R- Bowling Green) recently introduced H.R. 6352, the Patent Lawsuit Reform Act of 2010.

If passed, H.R. 6352 would strengthen the vague language to revert back to the pre-Forest Group decision and assess one $500 fine if found guilty of deceiving the public under Section 292 and not allow for the interpretation of being fined for each product on the market. The legislation will also require the individual bringing the lawsuit to have suffered a competitive injury as a result of the violation.

?Because of the Forest Group decision, this legislation is now needed to help companies fend off frivolous lawsuits and strengthen current law. During this time of economic uncertainty, companies should not have to worry about expending additional resources on lawsuits based on one court?s interpretation of current law,? Latta stated after introducing the legislation.
H.R. 6352 has been referred to the House Judiciary Committee.

Read the press release here (link)

While the US Government Printing Office has not released text of the legislation yet, you can track the bill's progress here (link)

Full post as published by Two-Seventy-One Patent Blog on October 10, 2010 (boomark / email).