James Aquilina Writes About the Need to Include Patent Marking on Products for Intellectual Property & Technology Law Journal
James Aquilina, a Washington, D.C., partner in the Quarles Intellectual Property Practice Group, wrote an Intellectual Property & Technology Law Journal article discussing why companies need to include patent markings on all relevant products. These markings can be either physical or virtual on the product. Failing to do this will result in losing the ability to recover infringement damages.
Since U.S. patent law provides for a six-year statute of limitation to bring an infringement action, the difference in available damages in a design patent infringement suit could be the enormous one between zero dollars and the infringer’s total profits for sales of the infringing products over up to said six-year period, depending only on the presence of an appropriate patent marking on a product.