Wednesday, August 18, 2010

As Part of Settlement Agreement, False Marking Defendant gets a Free Pass on all Future Allegations of False Marking

From the “Order on Stipulated Dismissal”

“The Court hereby HOLDS and ORDERS that any future litigation brought under35 U.S.C. §292 or any other statute related to false marking or false advertising on behalf of the United States and/or the general public with regard to any existing product manufactured or sold by P.F. Harris is barred.

The Court hereby HOLDS and ORDERS that any future litigation brought against P.F. Harris under 35 U.S.C. §292 or any other statute related to false marking or false advertising on behalf of the United States andlor the general public with regard to U.S. Patent No. 1,636,688 is barred.

The Court hereby HOLDS and ORDERS that P.F. Harris and those acting in concert therewith and/or selling products manufactured by P.F. Harris may have a reasonable period of time in which to sell inventory that has been manufactured on or before the date of this order without further liability.”

Patent Group, LLC v. P.F. Harris Manufacturing Company, LLC, 6-10-cv-00141 (TXED August 10, 2010, Order) (Davis, J.)

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