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
1. Effect of Notice of Intent to Issue a Reexamination Certificate on Non-Infringement Decision. Be careful of the effect a reexamination may have on a later infringement action. Here, the District Court incorporates the rationale and conclusions in the Notice of Intent to Issue Ex Parte Reexamination Certificate (Reexamination) into its reasoning
Wire framing is a technique that defines shape and contour of a design with lines created at changes in form, such as when a flat surface transitions into a curved surface. Wire frame lines often are created by CAD drawing programs. Although wire framing is not prohibited by the USPTO,