The false marking statute was designed to prevent products from being labeled with patents that do not apply to them, but the Federal Circuit recently extended its reach to prevent labeling products with expired patent numbers. This decision has spurred litigation by third parties against the makers of articles covered by expired patents. If this litigation continues, it will create incentives for manufacturers not to mark their products, contravening the public notice function of the Patent Act. The Note argues that articles covered by now-expired patents should not be considered unpatented articles for the purposes of the false marking statute. Allowing continued labeling after expiration of the patent is consistent with judicial precedent and the policies underlying the false marking statute. The Federal Circuit or Congress should act to exclude labeling articles covered by valid, but now-expired patents, from being false marking. This restriction would prevent the development of incentives not to mark, avert exploitative litigation, and limit the enforcement of the false marking statute to violations that have the potential to cause serious harm to the public.
DAN’S [F]LAW: STATUTORY FAILURE TO ENFORCE ETHICAL BEHAVIOR IN CLINICAL DRUG TRIALS Noah Lewellen* I. INTRODUCTION Paul, a sophomore at the University of Minnesota, bursts into a lecture hall, loudly claims to see monsters sitting in the seats, and offers his services in slaying them. The police are called, and Paul is restrained and delivered […]
Case Comment: Bhogaita v. Altamonte
EVERY DOG CAN HAVE HIS DAY IN COURT: THE USE OF ANIMALS AS DEMONSTRATIVE EXHIBITS Kyle R. Kroll, Volume 100, Online Managing Editor In Bhogaita v. Altamonte, the Eleventh Circuit recently decided whether to allow a dog in the courtroom as a demonstrative exhibit. Although the case presented many serious issues regarding the Fair Housing […]
Revisiting Water Bankruptcy
REVISITING WATER BANKRUPTCY IN CALIFORNIA’S FOURTH YEAR OF DROUGHT Olivia Moe, Volume 100, Managing Editor This spring, as “extreme” to “exceptional” drought stretched across most of California—indicating that a four-year streak of drought was not about to resolve itself—Governor Jerry Brown issued an unprecedented order to reduce potable urban water usage by twenty-five percent. In […]