ARE Patent Law Alert:
Ohio District Court Finds False Marking Statute To Be Unconstitutional

(February 24, 2011) On February 23, 2011, Judge Polster of the U.S. District Court for the Northern District of Ohio ruled that the so-called qui tam provision of the False Marking Statute, 35 U.S.C. § 292(b), which allows “any person” to prosecute a false marking claim on behalf of the federal government, was unconstitutional. Unique […]

ARE Patent Litigation Alert: Centillion v. Qwest Communications: Federal Circuit Held That “Use” of a System Means Use as a Whole and the User Must Derive Benefit From It

(January 31, 2011) In Centillion Data Systems, LLC v. Qwest Communications Int’l, Inc., 2010-1110 (Fed. Cir. January 20, 2011), the Federal Circuit addressed the issue of what constitutes “use” of a system under 35 U.S.C. § 271(a), in what the panel recognized to be a case of first impression for the court. Centillion interpreted the […]