Skip to main content
· 12/28/2009

Forest Group, Inc. v. Bon Tool Co.

Citations

  • 590 F.3d 1295
  • 93 U.S.P.Q. 2d (BNA) 1097
  • 2009 U.S. App. LEXIS 28380
  • 2009 WL 5064353

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that false marking deters innovation and stifles competition in the marketplace
  • discussing the determination of whether the case is exceptional as “a question of fact”
  • discussing how the false marking statute permits “ ‘a new cottage industry’ of false marking litigation” and that with respect to “ ‘marking trolls,’ ” the false marking statute “explicitly permits qui tam actions.”
  • “In the case of qui tam statutes, an injury to the United States is sufficient to confer standing upon a relator.”
  • “The hypothetical negotiation also assumes that the asserted patent claims are valid and infringed.”
  • using preponderance of the evidence burden in false marking case

Source: CourtListener parenthetical corpus (CC0).

Judges: Rader, Plager, Moore

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.