I 111th CONGRESS 2d Session H. R. 4954 IN THE HOUSE OF REPRESENTATIVES March 25, 2010 Mr. Issa (for himself, Mr. Boucher, Mr. Smith of Texas, Mr. Conyers, Mr. Coble, Mr. Cohen, Mr. Franks of Arizona, and Mr. Daniel E. Lungren of California) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 35, United States Code, to provide recourse under the patent law for persons who suffer competitive injury as a result of false markings.

1.

False marking

(a)

In general

Subsection (b) of section 292 of title 35, United States Code, is amended to read as follows: (b)A person who has suffered a competitive injury as a result of a violation of this section may file a civil action in a district court of the United States for recovery of damages adequate to compensate for the injury. . (b)

Effective date

The amendment made by subsection (a) shall apply to all cases, without exception, pending on or after the date of the enactment of this Act.