Indianapolis, Indiana – Patent lawyers for Forecast Sales, a division of McCoy Investments, Inc. of Indianapolis, IN, filed a lawsuit alleging Axxiom Manufacturing, Inc. of Fresno, TX, has engaged in false patent marking, in violation of Section 292 of the Patent Act. In particular, the “relator” (a legal term for the party suing on behalf of the United States government) Forecast Sales sells aftermarket parts for Axxiom products and alleges that Axxiom has wrongfully been marking products with the following expired patents, all of which were issued by the U.S. Patent Office: Patent No. 3,476,440, titled PORTABLE ABRASIVE CONTAINER AND DISPENSER UNIT; Patent No. 4,322,058, titled PIPE SIDE VALVE; Patent No. 4,339,897, titled SANDBLASTING METHODS AND APPARATUS; and Patent No. 4,339,887, titled DECOY, MOLD AND METHOD OF CONSTRUCTION.
Practice Tip: It is important for a patent holder to place a patent notice on its product(s) covered by the patent and to remove that notice once the patent expires.
Further information about this case is as follows:
Filed: October 29, 2010 as 1:2010cv01379 Updated: October 30, 2010 05:41:50
Plaintiff: FORECAST SALES
Defendant: AXXIOM MANUFACTURING, INC.
Presiding Judge:Sarah Evans Barker
Referring Judge:Debra McVicker Lynch
Cause Of Action: Patent Infringement