"One advantage a non-practicing entity (NPE) has for collecting damages through patent infringement litigation is that there is no obligation to mark a product prior to collecting damages, whereas the marking statute (35 U.S.C. §287) requires a patent holder to mark the patent number on a commercial embodiment of its invention in order to collect damages for infringement."
"Caselaw from the U.S. Court of Appeals for the Federal Circuit supports that the recovery of damages is not limited by the absence of marking where there are no products to mark. Further, the Federal Circuit has held that the marking statute is only a limitation on damages and not an affirmative defense."
Collection
[
|
...
]