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Patent Law Keyed to Adelman
Amsted Industries, Inc. v. Buckeye Steel Castings Co.
Facts
The '269 patent was named "Combined Body Bolster Center Filler and Center Plate for Railway Cars." It referred to a center plate combined with several other components that formed the underframe structure of a railroad car. The patent was assigned to Dresser Industries until 1985, when it sold the patent and trademark to Amsted Industries, Inc. (Plaintiff). On January 10, 1986, Plaintiff sent letters to several companies, including Buckeye Steel Castings Co. (Defendant), notifying them that Plaintiff had purchased the patent. It warned the companies to "acquaint" themselves with the patent, so they would not infringe. Defendant knew it was infringing the patent at that time when the letter was received. On January 27, 1989, Plaintiff wrote another letter to Defendant informing Defendant that it was infringing the patent with center plate. The district court awarded damages from January 16, 1986, but limited Plaintiff's recovery because the patented articles were not marked. Defendant appealed, claiming damages should be computed from the date of the second letter, since the letter of 1986 did not amount to a notice of infringement under Section 287. Plaintiff cross-appealed, claiming the device was an implied licensee and therefore marking was not necessary.
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