obvIPat - Obviously Patentable

The blog for inventors, in-house counsel, & entrepreneurs.

Posts Tagged ‘inequitable conduct’

CAFC Weekly: June 11, 2010

by Orlando Lopez

This week we have an opinion considering the effect of false patent marking, another inequitable conduct opinion, and an opinion reviewing a grant of summary judgment for invalidity and a request for replacing the District Court Judge.

In Pequignot v. Solo Cup, Solo Cup, a manufacturer of disposable cups and lids, is the owner of two patents for cup lids.  The patents had expired when the suit was filed.  Solo Cup had continued to mark the lids with the patent number after the patent had expired, since it was expensive to change the tooling and they had an opinion of counsel which implied Solo Cup could wait to replace the tooling and eliminate the incorrect patent marking.  The statute prescribes a fine for a manufacture that falsely marks an unpatented article for the purpose of deceiving the public.  This is a qui tam style statute, where a person can sue and split the fine with the government.   Read the rest of this entry »