Law360 interviews Steven Hartsell about VDPP LLC v. Volkswagen Group of America, Inc.

Partner Steven Hartsell was featured today in a Law360 article titled “Patent Marking Case Will Shape License Talks and Damages.”

The article covers the impact of the ruling in VDPP LLC v. Volkswagen Group of America, Inc., Case No. 24-2226, where the Federal Circuit held that patent owners must ensure that all licensees mark their products with patent information in order to recover pre-suit damages.

Hartsell tells Law360 that the ruling will have the most impact in licensing talks, with patent owners now having significant incentives to negotiate marking provisions more heavily going forward, and that he expects patent owners to devise creative licensing provisions to later argue that they have made reasonable attempts to ensure licensee compliance with the marking statute.

Read the full Law360 article here (subscription required).

Read Hartsell’s main takeaways from the ruling on LinkedIn: Part 1, Part 2.