Effects on False Marking Type Statistics by Increased New Case Filings

Justin Gray of Foley & Lardner notes on his Gray on Claims blog that the number of new False Marking cases being filed has again picked up steam. This recent increase has impacted statistics on the types of allegations in new cases. Although expired patents remain the basis for the the bulk of new cases filed, allegations of unenforceable patents and patents that do not cover the scope of the product are increasing. Compare the early April 2010 post of False Marking Types to the one below.