By Sean Murray and Jeremiah Helm ( October 1, 2026, 6:34 PM EDT) -- Under the patent statute's marking provision, Title 35 of the U.S. Code, Section 287, a patentee may recover presuit damages only by showing that the accused infringer had notice of the alleged infringement before being served with the complaint. If the patentee cannot show the accused infringer had actual notice before the lawsuit, it must establish constructive notice by showing that substantially all patented products were marked with the number of the asserted patent. ...
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