WASHINGTON DC, August 2010 – Intellectual Property partner Bob Koch was quoted in Intellectual Property magazine article, “Roche Becomes Latest Target of False Patent Marking Suits.” The article discusses how the medical device company Roche is the latest company to face false patent marking suits in the US false patent marking cases in the US have become a growing trend since two recent Federal Circuit court cases ruled that each product marked with false patent information is liable for a maximum statutory penalty of $500. Mr. Koch explains that a citizen’s ability to bring a qui tam action against a company accused of false patent marking is unconstitutional because it doesn’t allow the US government to bring the enforcement action. Mr. Koch comments, “Article 2, Section 3 of the US Constitution requires executive branch control over qui tam actions. However, there is no provision in the patent false marking statue for the executive branch to step in to enforce the law.” Mr. Koch says to expect a legislative change or a court determination that these cases are unconstitutional, in the meantime he advises clients to not put any patent information on their products at all.
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