Florida IP Trends

Update on the ongoing Invicta saga…

I’ve been made aware that Invicta has actually filed suit against Plasticase now.  (See THIS POST for the back-story.)  I haven’t had a chance to review the pleadings in depth, but the complaint is based on Plasticase’s alleged “false marking” of its cases.  False marking occurs when someone marks an item as “Patented” when, in fact, it is not covered by a patent.  See statute HERE.

False marking is the current hot topic in patent law since there is uncertainty over whether the false marking statute allows for a penalty based on each individual item that was falsely marked or whether the penalty applies to the occurrence (i.e. a single penalty for an entire manufacturing run).  Also, the statute allows anyone to file suit, so suing under the statute is like a new flavor of patent trolling.