Foley Associate Justin Gray was quoted in an article that appeared in The Wall Street Journal on February 15, 2011 titled “Expired-Patent Costs Defy Forecasts.” Gray discusses the number of patent lawsuit settlements paid after a U.S. Court of Appeals ruled that companies could be fined for marking products with expired patents, stating that a handful of plaintiffs have filed nearly 700 suits since the ruling. He notes that attorneys usually don’t have that kind of knowledge, which is made public because the law allows the government to take half the reward from false marking suits. Gray adds that only 13% of the false marking settlements are for amounts greater than $100,000.
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