Pequignot v. Solo Cup

Case Number: CLB0258

Date: 06.10.2010

Citation: No. 2009-1547

The Federal Circuit holds that (a) products marked with expired patent numbers are “unpatented” articles under 35 U.S.C. § 292 and therefore falsely marked, and (b) such marking with knowledge that the patent is expired creates a rebuttable presumption of “intent to deceive the public.” However, this presumption is “weak” and can be easily rebutted.

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