Federal Circuit Ruling Revives False Patent Marking Claims Under Lanham Act

The landscape of false patent marking claims is undergoing a transformation, potentially finding new avenues for litigation under the Lanham Act. This change follows a recent decision by the Federal Circuit in the case of Crocs v. Effervescent, which could reopen doors previously closed by the Leahy-Smith America Invents Act of 2011. This Act had significantly curtailed the ability to bring false patent marking claims, effectively ending the era of qui tam actions that sought civil fines for each falsely marked product. Legal expert John Cordani of Robinson & Cole suggests that this decision may present a new pathway for these claims under the Lanham Act, reshaping the legal approach to patent marking issues.