Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

Patent False Marking

Patent False Marking defense is the avoidance and mitigation of liability under 35 U.S.C. 292.

Under this section, whoever intentionally marks items with "patent" or "patent pending" may be liable for $500 per item sold.  Typically, defendants are accused of marking items after a patent has expired or an application has been abandoned.

Some of the ways to defend these cases is to show the defendant did not act intentionally or acted under advice of counsel.  In addition, the amount of liability can be mitigated and possibly subrogated through insurance.

Contact my office to discuss the defense of your claim or to establish a compliance program.