WHAT IF THE PATENTEE DID NOT MARK THE PRODUCT?
A patentee may satisfy the notice requirements of 35 U.S.C. § 287(a) by notifying the alleged infringer of the identity of the patent and the claimed infringement, i.e., by providing actual notice. The patentee must make an affirmative communication of a specific charge of infringement by a specific accused product or device.
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