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HTMLPatent Marking and Design Patents
Katherine Cappaert, Andrew M. Ollis; Oblon, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
August 17, 2015, previously published on July 9, 2015
It is important to remember that patent marking applies to design patents as well as utility patents. The Federal Circuit made this clear in Nike Inc. v. Wal-Mart Stores, 138 F.3d 1437 (Fed. Cir. 1998), by holding that the term “damages” as it appears in the marking statute, 35 U.S.C....