A new species of patent trolls: Marking trolls

Better info here: http://www.foley.com/publications/pub_detail.aspx?pubid=6695

Whoever marks upon, or affixes to, or uses in advertising in connection with any unpatented article, the word “patent” or any word or number importing that the same is patented for the purpose of deceiving the public … Shall be fined not more than $500 for every such offense. 35 U.S.C. § 292.

The statute also prohibits falsely marking products with the words “patent pending” or “patent applied for” with the purpose of deceiving the public. The statute has a broad standing provision that permits “any person” to sue for the penalty and split the proceeds with the federal government.