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Posts Tagged ‘ patent bounty ’

No $5.4 Trillion Bounty for False Patent Marking Bounty Hunter

Posted: Tuesday, Jun 15, 2010 @ 5:38 pm | Written by Eric Guttag | 4 comments
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Posted in: Authors, Eric Guttag, Federal Circuit, IP News, IPWatchdog.com Articles, Patents

Bounty hunters make their living by capturing fugitives from justice for a monetary reward (bounty).  A more recent, modern day version of the bounty hunter is one who pursues patentees for false patent marking under 35 U.S.C. § 292.  The recent Federal Circuit case of Forest Group, Inc. v. Bon Tool Co. has made such false patent marking bounty hunting lucrative by saying that each falsely marked item is an “offense” under 35 U.S.C. § 292, and thus subject to a penalty of “up to $500,” with the bounty hunter getting half of the awarded penalty and the federal government the other half.  As a result, a rash of such cases (upwards of at least 100 at the moment) have been filed by such modern day bounty hunters as qui tam actions against various patentees alleged to be falsely marking their products.

In Perquignot v. Solo Cup Co., the stakes were truly mind-boggling:  about $10.8 trillion in total.  Approximately $5.4 trillion of that bounty would be the federal government’s share which the Federal Circuit characterized as “sufficient to pay back 42% of the country’s total national debt.”  High stakes indeed!  But unfortunately for the bounty hunter (Pequignot) in Perquignot, the Federal Circuit affirmed a district court grant of summary judgment that there was no “deceptive intent” on the part of the patentee (Solo Cup), thus no approximately $5.4 trillion bounty was owed.



Patent Bounty Paid in Garmin Patent Dispute

Posted: Monday, Feb 9, 2009 @ 11:06 am | Written by Gene Quinn | Comments Off
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Posted in: IP News, IPWatchdog.com Articles, Patent Litigation, Patents

Article One Partners announced earlier today that two winners will share the $50,000 prize for discovering prior art in Article One’s Garmin/SP Technologies Patent Study.  The Study related to a graphical interface providing a touch screen keyboard display that may not be minimized, maximized, closed or deleted. In a 2008 complaint filed in federal court in Chicago, SP Technologies, LLC (SPT) accused Garmin Limited and Garmin International, Inc. of infringing SPT’s patent. Garmin is a market leader in the portable navigation devices market.  This litigation follows prior industry action from SPT involving this patent including infringement actions that have settled against Apple’s iPhone and iPod Touch (settled May, 2008) and Magellan Navigation products (settled January, 2009), in addition to ongoing cases against Samsung Group, HTC Corporation and TomTom products.