by Steve Driskill | Jun 4, 2015 | [sub] marking, Estoppel / Disclaimer
Physical space constraints are not dispositive of whether a patentee is required to mark its commercial article rather than its packaging. Here, for example, a traffic control system was found to be adequately marked by its packaging rather than its components even...
by Steve Driskill | Mar 15, 2013 | [sub] marking, Estoppel / Disclaimer
Marking a product with a patent number is circumstantial evidence (in the form of any other “extrajudicial admission”) that weighs in favor of finding infringement, but true “marking estoppel” does not apply. The accused infringer is free to introduce counter evidence...
