Lack of Intent to Deceive Warrants Summary Judgment of No False Marking

Defendant's motion for summary judgment on plaintiff's false marking claim was granted where defendant acquired the accused product line from a third party who previously marked the products with the subject patents and where defendant immediately segregated its inventory after learning of the false marking. "[T]here is no evidence that anyone employed by defendant -- either within or outside of [defendant's product manager's] team -- was aware that the [accused product] packaging was marked with expired or inapplicable patents. Instead, the evidence reveals that the employees responsible for reviewing the packaging took for granted that the patent markings were appropriate, and that no one outside that team verified that the information was indeed accurate. . . . On this record, no reasonable jury could conclude that defendant specifically intended to deceive the public with false patent markings."

Heathcote Holdings Corp., Inc. v. William K. Walthers, Inc., 1-09-cv-06722 (ILND March 11, 2011, Order) (Bucklo, J.)