When Multiple Plaintiffs/Relators Sue for the Same Act of Patent False Marking

This article analyzes whether the patent false marking statute Act permits multiple penalties for the same act of patent false marking, and concludes that under the plain language of the statute, the doctrine of claim preclusion, and possibly the doctrine of double jeopardy, multiple penalties should not be permitted. The article further analyze whether, when faced with a second-filed false marking suit, a district court should stay, transfer or dismiss the second-filed action, and reports on the recent district court opinions addressing this issue.
Robert Matthews Jr
Forest, Virginia
434 525-1141
A patent lawyer/consultant and sole author of the patent law treatise, the Annotated Patent Digest. I provide patent law consulting services to corporate and trial counsel.