Law360: Post-Arctic Cat Lawsuits Reveal Patent Marking Pitfalls

O’Melveny counsel Mark Liang authored this article discussing Section 287 of the Patent Act and how it serves as a powerful tool for defendants to reduce their damages exposure in patent lawsuits. “The statute and cases applying it impose a marking requirement on patentees,” Liang wrote. “Under this requirement, any product that practices a patent and is sold, offered for sale, or imported in the US by a patentee — or prior assignees or licensees — must be marked with the patent's number. If this marking requirement is not followed, the patentee cannot recover pre-suit damages for infringement of its patent.”

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