Friday, August 27, 2010

Plaintiff's Marking of Packaging Instead of Products Precludes Pre-Suit Damages

The court granted defendant's motion to limit damages in part because plaintiff marked its product's packaging and not the product itself. "[N]o reasonable jury could find that [plaintiff's] choice to mark the product packaging rather than its patented products comports with the marking statute. While [plaintiff] need not have alleged that marking the patented products is physically impossible, it has failed to identify a fact issue with respect to any limitation, physical or otherwise, that presents a reasonable consideration warranting the marking of the product packaging instead."

Belden Technologies Inc. et al v. Superior Essex Inc. et al., 1-08-cv-00063 (DED August 24, 2010, Memorandum Opinion) (Robinson, J.)

No comments: