Do Patents On Your Website Make You Liable For False Marking?
from the mark-this dept
However, it looks like at least one company is attempting a rather novel way to try to hit back -- though it seems unlikely to work. Apparently Juniper was hit by a patent infringement lawsuit by a patent holder over some patents related to firewalls and intrusion detection. The individual who holds the patent happens to have a website where he lists his accomplishments, including the two patents. From that same website, the guy sells various services... and according to Juniper, by listing the patents and offering a service, the guy was implying the services that he offered were covered by those patents. However, the services aren't covered by the patents, so Juniper claims the guy is "false marking." This is a rule that forbids you from claiming a certain product is covered by a specific patent when it is not.
This seems like an incredible longshot, and the judge dismissed the first attempt to do this -- though Juniper has filed an amended complaint where it's trying this tactic again. Obviously, I'm not a fan of patent holders who try to stop actual innovators in the marketplace, but this counter-attack from Juniper doesn't make much sense, and hopefully, will get thrown out again as well.