Amsted Industries Inc. v. Buckeye Steel Castings Co.
Court of Appeals for the Federal Circuit
24 F.3d 178 (1994)
Relevant factsFree
Amsted (plaintiff) never marked the patented railroad-car component it sold, and sent Buckeye (defendant) a 1986 letter merely identifying its patent, followed by a 1989 letter specifically alleging infringement; the district court held the marking failure barred damages before proper notice, and that proper notice occurred only in 1989.
IssueFree
Whether a general letter merely notifying an alleged infringer of a patent's existence, without a specific allegation of infringement, constitutes sufficient notice to start damages running under 35 U.S.C. § 287(a).