Qui tam actions authorize private individuals to file suit on behalf of the government for fraud committed against it. In the United States, the government authorizes actions by private individuals against parties that falsely mark products with patent numbers under 35 U.S.C. § 292. In these false marking qui tam actions, the challenger must prove that a party falsely marked an unpatented article and had intent to deceive the public. If the challenger prevails, the false marker must pay a penalty of up to $500. The challenger splits the penalty with the government.

Seminar Information
Seminar Date:
August 30, 2010
Penalties for False Marking Assessed on a Per-Article Basis, Not a Per-Decision Basis
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