“Wooly Willy” maker settles patent false marking case

by Walter Olson on January 19, 2011

The maker of a 1950s-vintage kids’ toy is the latest target as the false-marking lawsuit wave continues [Pittsburgh Tribune-Review]

{ 2 comments }

1 Mike Hyland 01.30.11 at 9:54 am

The Anti-business Obama’s DOJ sues US manufacturers for over 14.7 Trillion dollars in 612 Federal US Court cases since Jan 1st 2010. Everyone producing unique retail products covered by patents.. now expired… from Apple iPods to Bayer asprin, WeedWhackers, Glock hand guns, Kenmore appliances, Brooks Bros ties, to Castrol GTX and Quaker State oil, Boeing Aircraft, Tidy-bowl, WD-40, fishing lures to stanley staplers and 7000 other common retail items. All 600+ companies, and all their consumers, get to absorb millions in legal costs, billion in product price increase costs, and many will have to lay off thousands of employees or close their doors…

http://www.falsemarking.net/district.php (growing list and details of the 600+ lawsuits for having expired patent#s on retailer shelves) or even small mom and pop type shops get painfully sued… http://www.holdup.com/lawsuit2.htm

Senate Bill (S. 515 Stalled in Pelosi’s law committee since March 2010)
The Senate recently announced a final compromise amendment to the Senate patent reform bill, S. 515, which modifies the standing requirement for § 292 actions. Only parties who have suffered a “competitive injury” may bring a claim for the false marking of a patent on a product. Under this amendment, damages are limited to an amount “adequate to compensate” for the false marking injury. If enacted, the changes to § 292 will apply, without exception, to all cases pending on the date of enactment.

The amendment appears to have the support in the Senate. However, because the House has not agreed to the provisions in the bill, it may be stalled as the House Judiciary Committee further considers patent reform issues. Thank God John Conyers will no longer chair that Judicial Committee catering to the Trial lawyers lobby and in 2011 Darrel Issa (R-Ca.) takes over the House Judiciary Committee
H.R. 4954 (stalled since March 2010)

House bill 4954 mirrors the language being proposed in the Senate patent reform bill. This bill was referred to the House Judiciary Committee on March 25, 2010 and just sits there as hundreds of new business killing law suits get filed in Fed Courts nationwide.
600+ American Companies sued for expired patent false marking cases now active in Patent troll sympathetic Federal District Courts nationwide… click link to see the new cases added this week!
House Judiciary leader Rep Darrel Issa ( R from Ca.) now has control of these Congressional bills to quash these expired patent # cases and we sure hope he immediately does this for all the sued parties so they can grow their product lines and expand their businesses with new jobs created by revising Patent Marking Laws.
Congressman Darrell Issa represents the people of California’s 49th Congressional District in the United States House of Representatives, a seat he has held since 2001. The 49th District includes Camp Pendleton, the largest Marine Corps training facility in the United States.
As a senior in high school, Issa enlisted in the United States Army. Through his Army service, he received an ROTC scholarship and graduated with a degree in business from Sienna Heights University in Adrian, Michigan. Upon graduation, Issa was commissioned as an Army officer, and ultimately obtained the rank of captain. He completed his active-duty military service in 1980 and turned his interests to the private sector.

At the height of his career in business, Issa served as CEO of California-based Directed Electronics, a company that Issa founded and built in the mid-1990s to become the nation’s largest manufacturer of vehicle anti-theft devices, including the highly-successful patented Viper system. In 1994, Issa was named Entrepreneur of the Year by Inc. Magazine, Ernst & Young and The San Diego Union Tribune. During his leadership of Directed Electronics, Issa served as chairman of the Consumer Electronics Association, an organization of 2000 companies within the consumer technology industry that hosts the annual Consumer Electronics Show in Las Vegas. When he stepped down as CEO to serve as a Member of the U.S. House of Representatives, Directed Electronics Inc employed nearly 200 people making a selling his patent products.

As a Congressman Issa has championed the cause of smart, efficient government, and has pushed legislation to balance the federal budget and promote transparency across the federal bureaucracy. Darrel Issa currently is a member of the House Judiciary Committee and the Oversight and Government Reform Committee, where he serves as the Chairman. Previously, Issa served on the House Permanent Select Committee on Intelligence, the Energy & Commerce Committee, and the Small Business Committee.

As the holder of 37 patents himself, Darrel Issa has been vigilant about protecting the intellectual property rights patent holders, patent product manufacturers and other entrepreneurs to help protect America’s position at the forefront of product innovation and creativity by USA industries. He sponsored House Bill HR 4954 to stop the abusive Qui-Tam false patent marking cases threatening to destroy many US small manufacturing and sales firms like Holdup Suspender Company.

2 Obi-Wan Jackson 01.31.11 at 10:52 am

Hey Suspender Boy, you should sue your patent attorney for giving you such bad advice.

Wait a minute?!?!? Is that an unauthorized use of the Seal of the United States Department of Commerce I see on your link!!!!

DAMN!!! You just don’t learn do ya!??!

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