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" ... together with the number of the patent, or when, from the character of the article, this can not be done, by fixing to it, or to the package wherein one or more of them is contained, a label containing a like notice. In the event of failure so to... "
Patent Law Revision: Hearings, Ninety-third Congress, First Session ... - Page 34
by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Trademarks, and Copyrights - 1974 - 715 pages
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Handbook of Intellectual Property Claims and Remedies

Patrick J. Flinn - Law - 2000 - 1388 pages
...statute provides: In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that...event damages may be recovered only for infringement occuring after such notice. Filing of an action for infringement shall constitute such notice.308 The...
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Intellectual Property Law: Damages and Remedies

Terence P. Ross - Law - 2000 - 970 pages
...containing a like notice. In the event of failure to so mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that...and continued to infringe thereafter, in which event damage may be recovered only for infringement occurring after such notice. Filing of an action for...
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Intellectual Property Damages: Guidelines and Analysis

Mark A. Glick, Lara A. Reymann, Richard Hoffman - Law - 2002 - 504 pages
...containing a like notice. In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that...action for infringement shall constitute such notice. (b) (1) An infringer under section 271(g) shall be subject to all the provisions of this title relating...
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Intellectual Property Law Dictionary

Rachel Gader-Shafran - Law - 2004 - 734 pages
...Attorney fees. 286 Time limitation on damages. 287 Limitation on damages and other remedies; marking and notice. 288 Action for infringement of a patent containing an invalid claim. 289 Additional remedy for infringement of design patent. 290 Notice of patent suits. 291 Interfering...
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Amendment in the Nature of a Substitute to H.R. 2795, the "Patent Act of ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property - Law - 2005 - 248 pages
...r15551 IHN121 in the event of fallurel"301 so to mark, no damages shall be recovered by the Patentee in any action for infringement, except on proof that...thereafter, in which event damages may be recovered only for tnfringement occurring after such notice. (1gg4). 6E ls correct. The machihes in question were not...
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Amendment in the Nature of a Substitute to H.R. 2795, the "Patent Act of ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property - Law - 2005 - 256 pages
...falluret"30i so to mark, no domages shall be recovered Dy the patentee in any action for infringement, exceat on proof that the infringer was notified of the infringement and continued to infringe thereofter. in wnich event domages may be recovered only for infringement accurring ofter such notice....
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Amendment in the Nature of a Substitute to H.R. 2795, the "Patent Act of ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property - Law - 2005 - 250 pages
...i'15551 IHN121 In tne event of fallurel"301 so to mark, no damages shail be recovered by the Patentee in any action for infringement, except on proof that the Infringer was natified of the Infringement and continued to infringe thereafter, in which event damages moy be recovered...
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Scott on Information Technology Law, Volume 1

Scott - Computers - 2007 - 2324 pages
...event of failure [by the patentee] so to mark [the patented item], no damages shall be recovered . . . except on proof that the infringer was notified of...recovered only for infringement occurring after such notice."561 For unmarked items, the infringer normally receives notice of the patent either in correspondence...
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Invention Analysis and Claiming: A Patent Lawyer's Guide

Ronald D. Slusky - Law - 2007 - 314 pages
...containing a like notice. In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that...action for infringement shall constitute such notice. (b) ... 37 C.RR. Sec. 1.75 Claim(s) (a) The specification must conclude with a claim particularly pointing...
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United States Code

United States - Law - 1971 - 1236 pages
...containing a like notice. In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that...only for infringement occurring after such notice. Piling of an action for infringement shall constitute such notice. (July 19, 1952, ch. 950, 66 Stat....
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