An article co-authored by Hunter Keeton and Bennet Staffa titled “What Does a Patent Notice Letter Actually Require? Understanding ‘Actual Notice’” was published by IPWatchdog.
In this article, Hunter and Bennet examine what Section 287(a) of the Patent Act requires of a notice letter, tracing the Federal Circuit case law that has defined sufficient actual notice from Amsted and SRI through Gart and Funai, up to the court’s most recent marking decision in VDPP v. Volkswagen. They also look at how district courts have handled a question the Federal Circuit has left open, whether a notice letter needs to include claim charts. Read more.
