Conclusory Allegations of Marking do not Survive Motion to Dismiss
A plaintiff must plead and prove compliance with the patent marking statute to receive pre-suit damages. In Blackbird Tech LLC v. Argento SC by Sicura, Inc., 21cv11018, (S.D.N.Y. Aug. 26, 2022), the pleading statement “[a]ll marking requirements under 35 U.S.C. § 287 have been complied with” was considered too conclusory
August 31, 2022
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